Case Note & Summary
The petitioners, who are members of the respondent no.4 cooperative society, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondent nos. 2 and 3 (State Election Cooperative Authority and District Cooperative Election Officer) to postpone or extend the date for raising objections to the provisional voters list published pursuant to a notification dated 9th April 2021. The petitioners argued that due to the COVID-19 lockdown imposed by the State of Maharashtra on 21st April 2021, they were unable to collect necessary documents to file objections. They also alleged that the provisional list contained errors, such as showing living voters as dead and deceased voters as alive. The court noted that the election process had already been postponed and that extending the objection period would not prejudice the respondents. The court allowed the petition, directing that the period for raising objections be extended by two weeks from the date of receipt of the order, and that the finalization of the voters list be postponed accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Extension of Time - Petitioners sought direction to postpone or extend the date for raising objections to provisional voters list due to COVID-19 lockdown - Court held that in view of the lockdown, the petitioners were unable to collect documents to raise objections, and no prejudice would be caused to respondents if the date for finalization of voters list was extended - Held that the period for raising objections be extended by two weeks from the date of receipt of the order (Paras 1-8).
Issue of Consideration
Whether the petitioners are entitled to an extension of the period for raising objections to the provisional voters list in a cooperative society election due to the COVID-19 lockdown imposed by the State of Maharashtra.
Final Decision
The court allowed the petition and directed that the period for raising objections to the provisional voters list be extended by two weeks from the date of receipt of the order. The finalization of the voters list was to be postponed accordingly.
Law Points
- Writ of mandamus
- Article 226 of the Constitution of India
- Extension of time for filing objections
- COVID-19 lockdown
- Cooperative societies election
- Provisional voters list
