Case Note & Summary
The petitioners, residents of Hinjawadi Grampanchayat area, filed a writ petition under Article 226 of the Constitution of India challenging the final voters list prepared for the Hinjawadi Grampanchayat election scheduled for 15th January 2021. They sought directions to correct the voters list, including reallocation of voters to proper wards and deletion of names of persons from outside the gram panchayat area. The court noted that the election programme was declared on 20th November 2020, and the draft voters list was published. The petitioners had the opportunity to file objections under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966, but they did not avail of this remedy. The court held that since an alternative statutory remedy existed, the writ petition was not maintainable. The petition was dismissed, and the election was allowed to proceed as scheduled.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of the Constitution of India - The court held that where a statutory remedy is available, the High Court should not ordinarily entertain a writ petition under Article 226. The petitioners had an alternative remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966, to file objections before the designated officer, which they failed to avail. The petition was dismissed on this ground. (Paras 4-5)
B) Election Law - Voters List - Objections - Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966 - The court noted that the petitioners did not file any objections to the draft voters list before the designated officer as per the statutory scheme. The election process was at an advanced stage, and the court declined to interfere. (Paras 3-5)
Issue of Consideration
Whether the High Court should entertain a writ petition challenging the final voters list for a Grampanchayat election when the petitioners have an alternative statutory remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966.
Final Decision
The writ petition is dismissed. The election scheduled for 15th January 2021 shall proceed as per the programme.
Law Points
- Alternative remedy
- Writ jurisdiction under Article 226
- Election dispute
- Voters list challenge
- Statutory remedy under Rule 12 of Maharashtra Gram Panchayat (Election) Rules
- 1966
Case Details
2021 LawText (BOM) (01) 33
WRIT PETITION (ST) NO.98240 OF 2020
S.J. Kathawalla, Vinay Joshi
Mrs. Neeta P. Karnik for Petitioners, Ms. Rupali Shinde AGP for State, Mr. S.B. Shetye with Mr. Ifran Sheikh, Ms. Sarika Shetye for State Election Commission
Vilas Vitthal Sakhare, Amol Vitthal Sakhare, Babasaheb Chandrakant Sakhare, Sachin Pandurang Kakade
State of Maharashtra, State Election Commission, Collector Pune, SDO Taluka Mulshi, Tehsildar Tal. Mulshi, Hinjawadi Grampanchayat
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Nature of Litigation
Writ petition under Article 226 challenging final voters list for Grampanchayat election.
Remedy Sought
Petitioners sought a writ of mandamus to correct the voters list, reallocate voters to proper wards, and delete names of persons from outside the gram panchayat area.
Filing Reason
Petitioners alleged that the final voters list for Hinjawadi Grampanchayat election contained errors, including inclusion of voters from outside the area and incorrect ward allocation.
Issues
Whether the High Court should entertain a writ petition challenging the final voters list when an alternative statutory remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966 is available.
Submissions/Arguments
Petitioners argued that the voters list was erroneous and sought correction.
Respondents submitted that the petitioners had an alternative remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966, which they did not avail.
Ratio Decidendi
Where a statutory remedy is available, the High Court should not ordinarily entertain a writ petition under Article 226 of the Constitution of India. The petitioners had an alternative remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966, which they failed to avail. Hence, the petition is not maintainable.
Judgment Excerpts
By the above Writ Petition, the Petitioners seek to challenge the final voters list prepared for the purpose of Hinjawadi Grampanchayat Election which is scheduled to be held on 15th January, 2021.
The Petitioners have an alternative remedy under Rule 12 of the Maharashtra Gram Panchayat (Election) Rules, 1966. The Petitioners have not availed of the said remedy. Hence, the Writ Petition is dismissed.
Procedural History
The election programme was declared on 20th November 2020. The draft voters list was published. Petitioners did not file objections under Rule 12. They filed the writ petition on an unspecified date before 13th January 2021. The court heard the matter on 13th January 2021 and dismissed the petition.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Gram Panchayat (Election) Rules, 1966: Rule 12
