Case Note & Summary
The petitioner, Meerabai Chatare, and the second respondent, Nita Khandalkar, were the only contestants for the post of Sarpanch of Gram Panchayat Sheri (Budruk), reserved for Ladies (General Category). The election was held on 18 December 2022 using Electronic Voting Machines (EVMs). The Gram Panchayat had three wards with 461, 357, and 440 voters respectively. A total of 1019 voters cast their votes, but only 1018 votes were counted. The petitioner alleged that during voting in Ward No.1, the EVM malfunctioned and had to be replaced, leading to a discrepancy: 385 votes were cast but only 384 were counted. The result declared the second respondent elected by a margin of one vote (508 to 507), with three voters not voting for either candidate. The petitioner raised an objection, and after a recount, the second respondent was declared elected. Aggrieved, the petitioner filed a writ petition under Article 226 seeking to set aside the election and order an inquiry. The second respondent raised a preliminary objection as to maintainability, arguing that under Section 15 of the Maharashtra Village Panchayats Act, 1959, the remedy to challenge an election lies before the Civil Court, and the writ petition is barred. The court considered the objection and held that the availability of an alternative statutory remedy under Section 15 of the Act, which provides for an election petition before the Civil Court, precludes the High Court from entertaining the writ petition. The court noted that the petitioner had not availed that remedy and that the writ petition was not maintainable. Accordingly, the court dismissed the writ petition, leaving it open to the petitioner to pursue the remedy under Section 15 of the Act.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Maintainability - The petitioner challenged the election of the respondent as Sarpanch by a margin of one vote, alleging discrepancy in vote count due to EVM malfunction. The court held that since Section 15 of the Maharashtra Village Panchayats Act, 1959 provides a specific remedy of filing an election petition before the Civil Court to question the validity of an election, the writ petition under Article 226 is not maintainable. The court dismissed the petition, leaving it open to the petitioner to avail the alternative remedy. (Paras 3-5)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable to challenge the election of a Sarpanch of a Gram Panchayat when an alternative remedy by way of an election petition under Section 15 of the Maharashtra Village Panchayats Act, 1959 is available.
Final Decision
The writ petition is dismissed as not maintainable, leaving it open to the petitioner to avail the remedy under Section 15 of the Maharashtra Village Panchayats Act, 1959.
Law Points
- Alternative remedy
- Election dispute
- Writ jurisdiction
- Section 15 Maharashtra Village Panchayats Act 1959
- Bar on jurisdiction of Civil Court
- Maintainability of writ petition
