Case Note & Summary
The petitioner filed an election petition under Section 58 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, challenging the election of respondent 1 to the Panchayat Samiti from Sanbur electoral college (28) in Patan block. The election was held on 17/2/2002, and respondent 1 was declared elected by 186 votes. The challenge was primarily based on the allegation that polling centre 246, which had 733 voters, was shifted from Dhebewadi electoral college 27 to Sanbur electoral college 28 after the alleged final publication of electoral colleges on 24/12/2001, thereby allowing those voters to cast their votes in the wrong electoral college and vitiating the election. The District Court, Satara Division at Karad, dismissed the election petition by judgment dated 8/7/2003, holding that the petitioner failed to prove that the electoral colleges were finally declared on 24/12/2001, that the change of polling centre was illegal, or that any corrupt practice was committed. The petitioner then filed the present writ petition before the Bombay High Court seeking to set aside the District Court's order. The High Court heard arguments, with the petitioner contending that basic legal principles governing elections were violated and the District Court misconstrued the relevant provisions. Respondents argued that no final publication had occurred, the change was a legitimate rectification of a mistake under Rules 7 and 9 of the 1962 Rules, and that separating votes would violate ballot secrecy. The provided judgment text ends abruptly during the petitioner's submissions, and the final decision of the High Court is not included.
Issue of Consideration
Whether the electoral colleges were finally published on 24/12/2001, whether shifting of polling centre 246 from Dhebewadi electoral college 27 to Sanbur electoral college 28 after that date was illegal and vitiated the election, whether votes cast at polling centre 246 could be separated without violating secrecy of ballot, whether the election was void due to corrupt practices by respondent 1
Law Points
- final publication of electoral colleges under Section 58(1A) of the Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- power of Returning Officer to change polling stations under Rules 7 and 9 of the Maharashtra Zilla Parishads and Panchayat Samitis (Electoral Colleges and Conduct of Election) Rules
- 1962
- rectification of mistake in electoral college allocation
- secrecy of ballot
- distinction between electoral divisions and electoral colleges
- burden of proof in election petitions
Case Details
2005 LawText (BOM) (03) 237
Writ Petition No.5398 of 2003
Mr. Vijay Patil with Mr. Dilip Bodake for the petitioner, Mr. Kumbhakoni with Mr. S.S. Patwardhan for respondents
Shri Anandrao Pilappa Patil
1. Mr. Madhukar Shankarrao Patil, 2. Mr. Vasant Tanaji Kadam, 3. Returning Officer, Zilla Parishad/Panchayat Samiti, Tal. Patan, Dist. Satara, 4. The Collector, Satara
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Election petition challenging the election of respondent 1 to the Panchayat Samiti from Sanbur electoral college on grounds of illegal change of polling centre after final publication of electoral colleges.
Remedy Sought
Petitioner sought separation of votes cast at polling centre 246 and recounting of remaining votes, or alternatively, setting aside of election and ordering fresh election; also sought restraint on voters of polling centre 246 from casting votes in Sanbur electoral college.
Filing Reason
Polling centre 246 with 733 voters was allegedly shifted from Dhebewadi electoral college 27 to Sanbur electoral college 28 after the final publication of electoral colleges on 24/12/2001, thereby allowing voters to vote in the wrong electoral college and vitiating the election process.
Previous Decisions
The District Court, Satara Division at Karad, dismissed Election Petition No.5 of 2002 by judgment and order dated 8/7/2003, holding that the petitioner failed to prove final publication, illegality of change, or corrupt practice.
Issues
Whether the electoral colleges were finally declared on 24/12/2001 with specific voter numbers?
Whether the change of polling centre 246 after 24/12/2001 was illegal and vitiated the election?
Whether votes cast from polling centre 246 could be separated without violating secrecy of ballot?
Whether the election is void due to corrupt practices by respondent 1?
Submissions/Arguments
Petitioner: The list of electoral colleges was finally published on 24/12/2001; shifting of polling centre 246 after that date was illegal, allowing 733 voters to cast votes in the wrong electoral college; the District Court misconstrued statutory provisions; election should be set aside or votes separated.
Respondents: The date 24/12/2001 was not the date of final publication under Section 58(1A); final decision rested with Election Commission, not Returning Officer; the change was a rectification of a mistake in voters list under Rules 7 and 9, done more than 7 days before polling; separating votes would violate secrecy of ballot; no corrupt practice proved.
Judgment Excerpts
The voting took place on 17/2/2002. After counting of votes, on 18/2/2002, the result was declared and respondent 1 was declared elected by 186 votes. The petitioner challenged the said election in Election Petition No.5 of 2002.
According to the petitioner, one day prior to the election, polling centre 246 was included in Sanbur electoral college 28.
The trial court dismissed the petition holding, inter alia, that the petitioner had failed to prove that electoral colleges 27 and 28 of electoral division 14 Dhebewadi were finally declared on 24/12/2001 having votes 13,543 and 13,517 respectively.
Mr. Patil, the learned counsel for the petitioner contended that this is a case of flagrant violation of basic legal principles underlying and governing elections.
Procedural History
Election to Panchayat Samiti from Sanbur electoral college held on 17/2/2002; result declared on 18/2/2002 in favor of respondent 1 by 186 votes. Petitioner filed Election Petition No.5 of 2002 before District Court, Satara. District Court dismissed petition on 8/7/2003. Petitioner filed Writ Petition No.5398 of 2003 before Bombay High Court challenging the District Court's order. High Court heard arguments on 15/3/2005 and delivered oral judgment. The outcome of the writ petition is not included in the provided text.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961: Sections 9, 9-A, 12, 57, 58, 58(1A)
- Maharashtra Zilla Parishads and Panchayat Samitis (Electoral Colleges and Conduct of Election) Rules, 1962: Rules 7, 9
