Case Note & Summary
The petitioner, Keshavrao Champatrao Khope, a defeated candidate in a Zilla Parishad election, filed an election petition under Section 27 of the Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 before the District Judge, Akola (Division at Washim), seeking a recount of votes. The District Judge dismissed the petition on 09.12.2009. The petitioner then challenged this dismissal before the Bombay High Court, Nagpur Bench. The High Court, after hearing the parties, held that the election petition under Section 27 of the Act is not maintainable for seeking a recount of votes after the declaration of the result. The court noted that Section 27 only allows challenging an election on grounds of corrupt practice or improper acceptance/rejection of nomination, and does not provide for recount. The court dismissed the writ petition, upholding the decision of the District Judge.
Headnote
A) Election Law - Maintainability of Election Petition - Recount of Votes - Section 27 of Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 - The petitioner, a defeated candidate, filed an election petition seeking recount of votes after the declaration of result. The District Judge dismissed the petition. The High Court held that an election petition under Section 27 is not maintainable for recount of votes after the result is declared, as the section only permits challenge on grounds of corrupt practice or improper acceptance/rejection of nomination. The court upheld the dismissal. (Paras 1-4)
Issue of Consideration
Whether an election petition under Section 27 of the Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 is maintainable for seeking recount of votes after the declaration of the result.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the District Judge dismissing the election petition.
Law Points
- Election petition under Section 27 of Maharashtra Zilla Parishads
- Panchayat Samitis Act
- 1961 is not maintainable for recount of votes after declaration of result
- Recount cannot be ordered after result is declared
- Section 27 provides for challenging election on grounds of corrupt practice or improper acceptance/rejection of nomination
- not for recount
Case Details
2010 LawText (BOM) (10) 180
Writ Petition No. 524 of 2010
Mr. R.L. Khapre for Petitioner, Mr. Thakre for Respondent Nos. 1 and 12, Mr. Bobde for Respondent No. 11
Keshavrao Champatrao Khope
Election Returning Officer, Jyoti Anil Ganeshpure, Dnyaneshwar s/o Govindrao Ambalkar, Anil Annasaheb Khandagale, Sheshrao Shriram Dhoke, Prakash Vasantrao Patekar, Ramesh Ramrao Lahe, Mukund Tukaram Linghate, Rajesh Yuvraj Kadu, Umesh Ajabrao Shitole, Zilla Parishad, Washim, Collector, District Election Officer, Z.P. Washim
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Nature of Litigation
Writ petition challenging dismissal of election petition seeking recount of votes.
Remedy Sought
Petitioner sought to challenge the judgment of District Judge dismissing his election petition for recount.
Filing Reason
Petitioner, a defeated candidate, sought recount of votes after declaration of result.
Previous Decisions
District Judge, Akola (Division at Washim) dismissed Election Petition No.11/2008 on 09.12.2009.
Issues
Whether an election petition under Section 27 of the Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 is maintainable for seeking recount of votes after declaration of result.
Submissions/Arguments
Petitioner argued that his prayer for recount on 02.12.2006 was accepted but recount could not be completed. Respondent argued that election petition under Section 27 is not maintainable for recount.
Ratio Decidendi
An election petition under Section 27 of the Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 is not maintainable for seeking recount of votes after the declaration of the result, as the section only permits challenge on grounds of corrupt practice or improper acceptance/rejection of nomination.
Judgment Excerpts
As only legal question needs to be decided, narration of facts separately is not necessary.
Petitioner, a defeated candidate is challenging the judgment dated 09.12.2009 passed by the District Judge, Akola (Division at Washim) in Election Petition No.11/2008, dismissing it.
Procedural History
Election Petition No.11/2008 filed under Section 27 of the Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961 before District Judge, Akola (Division at Washim) was dismissed on 09.12.2009. Petitioner filed Writ Petition No. 524 of 2010 before Bombay High Court, Nagpur Bench, challenging the dismissal.
Acts & Sections
- Maharashtra Zilla Parishads, Panchayat Samitis Act, 1961: Section 27
