Case Note & Summary
The petitioner, Vishwanath Limbaji Bhowate, was a candidate for the election of Chairman of two Subject Committees of the Zilla Parishad, Gadchiroli. The election was conducted on 02.12.2009 by the Returning Officer (Respondent No.3). There were 50 voters and 4 candidates. The Rules required names of candidates to be listed in alphabetical order and election to be by show of hands. The Returning Officer called out names in alphabetical order and voters raised hands in favour of the candidate whose name was called. Respondent No.4 (Smt. Priti Godselwar) received 25 votes and Respondent No.5 (Shri Ramakant Thengre) received 25 votes, and they were declared elected. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the election, contending that the election should have been by secret ballot and that the alphabetical listing of names gave an advantage to candidates whose names appeared earlier. The Court held that the Rules do not mandate secret ballot and the procedure adopted was in accordance with the Rules. The Court also held that election disputes should be raised by way of election petition under the relevant Act and not by writ petition. The petition was dismissed.
Headnote
A) Election Law - Election of Chairmen of Subject Committees - Validity of Election by Show of Hands - Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, Rules framed thereunder - The election was conducted by show of hands with names of candidates listed alphabetically. The Returning Officer called out names in alphabetical order and voters raised hands. The petitioner contended that the election should have been by secret ballot. The Court held that the Rules do not mandate secret ballot and the procedure adopted was in accordance with the Rules. The election was valid and the petition was dismissed. (Paras 2-5) B) Constitutional Law - Maintainability of Writ Petition - Election Dispute - Articles 226 and 227 of the Constitution of India - The petitioner challenged the election by way of writ petition. The Court held that election disputes should be raised by way of election petition under the relevant Act and not by writ petition. The petition was dismissed as not maintainable. (Para 6)
Issue of Consideration
Whether the election of Chairmen of Subject Committees of Zilla Parishad conducted by show of hands with alphabetical listing of candidates is valid and whether the petitioner is entitled to challenge the same by way of writ petition under Articles 226 and 227 of the Constitution of India.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Election by show of hands
- alphabetical listing of candidates
- secret ballot not mandatory
- no violation of principles of natural justice
- writ petition under Articles 226 and 227 of Constitution of India not maintainable for election disputes
