Case Note & Summary
The dispute arose from the election process for the Maharashtra Legislative Council, initiated by a notification from the Governor on September 18, 1987, under the Representation of the People Act, 1951. The Election Commission issued a notification fixing the election calendar, including a last date for withdrawal of candidatures. Respondents challenged the validity of this notification in the High Court, arguing that the Zilla Parishads had not been constituted, thus depriving eligible voters of their rights. The High Court issued interim orders postponing the withdrawal date and later stayed the election process. The Election Commission appealed to the Supreme Court, arguing that the High Court lacked jurisdiction under Article 329(b) of the Constitution to interfere with the election process. The Supreme Court found that the High Court's actions were erroneous and without jurisdiction, emphasizing that election disputes must be resolved through election petitions after the election. The Court allowed the appeal, set aside the High Court's orders, and directed the Election Commission to proceed with the elections, imposing costs on the respondents for the abuse of legal process.
Headnote
A) Election Law - High Court Jurisdiction - High Court cannot entertain petitions questioning elections under Article 226 - Representation of the People Act, 1951, Article 329 - The Supreme Court held that the High Court's power to question elections is limited and must follow the provisions of the Act, specifically that disputes must be raised post-election through an election petition. The High Court's interim orders were deemed without jurisdiction as they interfered with the election process. (Paras 880-889).
Issue of Consideration
Whether the High Court can entertain a petition questioning an election under Article 226 of the Constitution and rectify an error in the election process before the declaration of results.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's interim orders, and directed the Election Commission to proceed with the elections as per the law. The respondents were ordered to pay costs of Rs. 5000 to the Election Commission.
Law Points
- Election process
- High Court jurisdiction
- Article 226
- Representation of the People Act
- 1951
- Section 30
- Section 80
- Article 329
