Case Note & Summary
The petitioner, Gazala Bi Saddam Shah, filed a writ petition under Article 226 of the Constitution of India challenging the rejection of her nomination form for the election to Grampanchayat Dongaon, District Buldhana. The election program was declared by respondent No.3 (State Election Commission) with the final voters list published on 14/12/2020, nomination forms to be filled between 23/12/2020 to 30/12/2020, scrutiny on 31/12/2020, and withdrawal on 01/01/2021. The petitioner's nomination was rejected by the Returning Officer on 31/12/2020. The petitioner contended that the rejection was arbitrary and illegal. However, at the outset, the respondents raised a preliminary objection regarding maintainability of the writ petition in light of the Full Bench judgment of this Court in Karmaveer Tulshiram Autade & Ors. v. State Election Commission & Ors. dated 13/01/2021. The respondents argued that the writ petition is barred by Article 243-O(b) of the Constitution of India and Section 15A of the Maharashtra Village Panchayats Act, 1959, and the only remedy available is by way of election petition under Section 15 of the Act after the election is concluded. The Court, after hearing the parties, held that the Full Bench judgment squarely applies to the facts of this case. The Court noted that the Full Bench had specifically considered the scope of Article 243-O(b) and Section 15A and held that the High Court cannot entertain a writ petition challenging any step in the election process before the election is over. The only remedy is to file an election petition after the election. Accordingly, the writ petition was dismissed as not maintainable. The Court did not go into the merits of the rejection of nomination.
Headnote
A) Constitutional Law - Election Dispute - Bar on Writ Jurisdiction - Article 243-O(b) of Constitution of India, Section 15A of Maharashtra Village Panchayats Act, 1959 - The petitioner challenged rejection of her nomination for Grampanchayat election by way of writ petition. The respondents raised preliminary objection that the writ petition is not maintainable in view of the bar under Article 243-O(b) and Section 15A of the Act of 1959. The Court held that the Full Bench judgment in Karmaveer Tulshiram Autade & Ors. v. State Election Commission & Ors. squarely applies, and the only remedy is by way of election petition under Section 15 of the Act. The writ petition was dismissed as not maintainable. (Paras 2, 6-8) B) Election Law - Grampanchayat Election - Remedy - Section 15 of Maharashtra Village Panchayats Act, 1959 - The Court held that any grievance regarding nomination or election process can only be raised by way of election petition after the election is over, and not by way of writ petition before the election. The bar under Article 243-O(b) is absolute and ousts the jurisdiction of the High Court under Article 226. (Paras 2, 6-8)
Issue of Consideration
Whether a writ petition challenging rejection of nomination for Grampanchayat election is maintainable in view of the bar under Article 243-O(b) of the Constitution of India and Section 15A of the Maharashtra Village Panchayats Act, 1959.
Final Decision
The writ petition is dismissed as not maintainable in view of the bar under Article 243-O(b) of the Constitution of India and Section 15A of the Maharashtra Village Panchayats Act, 1959. The petitioner is at liberty to avail the remedy of election petition under Section 15 of the Act of 1959.
Law Points
- Bar on interference in election matters
- Article 243-O(b) of Constitution of India
- Section 15A of Maharashtra Village Panchayats Act
- 1959
- Remedy by way of election petition only
- Maintainability of writ petition
