Case Note & Summary
The petitioner, Milind Shreeram Tayade, was elected as a member of the Agricultural Produce Marketing Committee (APMC), Amravati, from a seat reserved for Scheduled Caste/Scheduled Tribe category in the farmer's constituency. The election was held on 15.09.2015 and votes were counted on 16.09.2015. After counting, respondent no.9 requested a recount, which was undertaken by the Returning Officer. Upon recount, the petitioner received 239 votes and respondent no.1 received 228 votes. Respondent no.1 filed an appeal before the Commissioner, Amravati, who by order dated 04.04.2016 allowed the appeal and directed rescrutiny and recount of all 892 ballot papers. The petitioner challenged this order by way of writ petition. The court found that the Commissioner's order was passed without hearing the petitioner, who was the elected candidate, and without proper application of mind. The court held that the order was arbitrary and violative of principles of natural justice. The writ petition was allowed, and the impugned order was quashed and set aside.
Headnote
A) Election Law - Recount of Votes - Natural Justice - Commissioner's order for rescrutiny and recount of all ballot papers set aside as passed without hearing the elected candidate and without proper application of mind - Held that the order was arbitrary and violative of principles of natural justice (Paras 1-10).
Issue of Consideration
Whether the Commissioner could order rescrutiny and recount of ballot papers in an election appeal without hearing the elected candidate and without proper application of mind.
Final Decision
The writ petition is allowed. The impugned order dated 04.04.2016 passed by respondent no.2-Commissioner, Amravati Division, Amravati is quashed and set aside. Rule is made absolute in those terms. No order as to costs.
Law Points
- Election recount
- Natural justice
- Application of mind
- Agricultural Produce Marketing Committee
- Writ jurisdiction
Case Details
2019 LawText (BOM) (02) 106
Writ Petition No.2294 of 2016
Mr. A.S. Kilor for Petitioner, Mr. Raj Wakode for Respondent No.1, Mr. S.B. Bissa, AGP for Respondent Nos. 2 & 3
Milind s/o Shreeram Tayade
Sau. Nalini w/o Anil Barade, The Commissioner, Amravati Division, The Collector, Amravati District, The Returning Officer, Agriculture Produce Marketing Committee, Amravati, Shri Prakash s/o Tukaram Khadase, Shri Dilip s/o Eknathrao Dhoke, Madan s/o Bhimrao Bhalerao, Shri Vilas s/o Ramkrishna Madar, Shri Laxman s/o Barkuji Meshram
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Nature of Litigation
Writ petition challenging order of Commissioner directing rescrutiny and recount of ballot papers in election of member of Agricultural Produce Marketing Committee.
Remedy Sought
Petitioner sought quashing of order dated 04.04.2016 passed by respondent no.2-Commissioner, Amravati.
Filing Reason
The Commissioner allowed appeal of respondent no.1 and directed rescrutiny and recount of all 892 ballot papers without hearing the petitioner and without proper application of mind.
Previous Decisions
The Returning Officer had already conducted a recount upon request of respondent no.9, after which petitioner was declared elected with 239 votes against respondent no.1's 228 votes.
Issues
Whether the Commissioner's order for rescrutiny and recount was passed in violation of principles of natural justice?
Whether the Commissioner applied his mind properly before ordering recount?
Submissions/Arguments
Petitioner argued that the impugned order was passed without hearing him and without any application of mind.
Respondent no.1 supported the order, but the court found no merit.
Ratio Decidendi
An order for recount of votes in an election must be passed after hearing the elected candidate and with proper application of mind; failure to do so renders the order arbitrary and violative of natural justice.
Judgment Excerpts
By this writ petition, the petitioner, a person elected as member of the Agricultural Produce Marketing Committee, Amravati, from a seat reserved for Scheduled Caste/Scheduled Tribe category in farmer’s constituency, has challenged order dated 04.04.2016 passed by the respondent no.2- Commissioner, Amravati , whereby appeal of respondent no.1, a contesting candidate, has been allowed and direction has been given to rescrutinise and recount all the 892 ballot papers polled in the election for the said post of member.
Procedural History
Election held on 15.09.2015, votes counted on 16.09.2015. Recount conducted on request of respondent no.9. Petitioner declared elected. Respondent no.1 filed appeal before Commissioner. Commissioner allowed appeal on 04.04.2016. Petitioner filed writ petition on 2016-04-04.
Acts & Sections
- Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963:
