Case Note & Summary
The judgment pertains to two Letters Patent Appeals (LPA No.203 of 2011 and LPA No.204 of 2011) filed against the orders of a learned Single Judge of the Bombay High Court dismissing the writ petitions challenging the election of members of Gram Panchayats. The appellants, Vishnu Ramchandra Patil and Jay Nanaso Patil, were voters in their respective Gram Panchayats. They filed writ petitions under Article 226 of the Constitution of India challenging the election of certain members, alleging irregularities in the election process. The learned Single Judge dismissed the writ petitions on the ground that the appellants had an alternative efficacious remedy of filing an election petition under Section 15 of the Bombay Village Panchayats Act, 1958. The appellants argued that the writ petitions were maintainable as the election process was vitiated by fraud and irregularities. The Division Bench of the Bombay High Court, after hearing the parties, held that the remedy of an election petition under Section 15 of the Act is an efficacious alternative remedy. The court noted that the appellants had not filed any election petition and the writ petitions were filed belatedly. The court further observed that the High Court, in exercise of its writ jurisdiction under Article 226, should not entertain a petition when an alternative efficacious remedy is available, unless exceptional circumstances are shown. The court found no exceptional circumstances in the present case. Accordingly, the appeals were dismissed, upholding the orders of the learned Single Judge. The court did not express any opinion on the merits of the allegations made by the appellants, leaving it open to them to avail of the remedy of an election petition if they so choose.
Headnote
A) Election Law - Gram Panchayat Elections - Alternative Remedy - Section 15 of Bombay Village Panchayats Act, 1958 - The court held that after the declaration of results of a Gram Panchayat election, the only remedy available to challenge the election is by way of an election petition under Section 15 of the Act. A writ petition under Article 226 of the Constitution is not maintainable in view of the alternative efficacious remedy. The court dismissed the appeals, upholding the order of the learned Single Judge who had refused to entertain the writ petitions on the ground of alternative remedy. (Paras 1-10) B) Election Law - Locus Standi - Voter's Right to Challenge Election - Section 15 of Bombay Village Panchayats Act, 1958 - The court observed that a voter who is an elector in the Gram Panchayat has a right to file an election petition under Section 15 of the Act. The appellants, being voters, could have availed of that remedy. The court noted that the appellants had not filed any election petition and the writ petitions were filed belatedly. (Paras 5-8) C) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of Constitution of India - The court reiterated that the High Court, in exercise of its writ jurisdiction under Article 226, should not entertain a petition when an alternative efficacious remedy is available. The existence of an alternative remedy is a ground for refusing to exercise writ jurisdiction, unless exceptional circumstances are shown. The court found no exceptional circumstances in the present case. (Paras 6-9)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution is maintainable to challenge the election of members of a Gram Panchayat after the declaration of results, in view of the alternative remedy of an election petition under Section 15 of the Bombay Village Panchayats Act, 1958.
Final Decision
The Division Bench dismissed both Letters Patent Appeals, upholding the orders of the learned Single Judge. The court held that the remedy of an election petition under Section 15 of the Bombay Village Panchayats Act, 1958 is an efficacious alternative remedy, and the writ petitions were not maintainable. The court did not express any opinion on the merits of the allegations.
Law Points
- Election petition is the only remedy to challenge election of Gram Panchayat members after declaration of results
- Bombay Village Panchayats Act
- 1958 Section 15
- Writ petition not maintainable after declaration of results
- Locus standi of voters to challenge election
- Limitation for filing election petition
