Bombay High Court Dismisses Petition Challenging Election Process of Agricultural Produce Market Committee — No Interference in Ongoing Election Under Article 226 of Constitution of India. Court Held That Once Election Process Commences, Writ Jurisdiction Should Not Be Exercised and Alternative Remedy of Election Petition Is Available.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, Mr. Nandkumar Anandrao Walanju, filed a writ petition under Article 226 of the Constitution of India challenging the election process of the Kolhapur Agricultural Produce Market Committee. The petitioner sought to challenge the election programme and the inclusion of certain voters in the electoral roll. The respondents included the State of Maharashtra, the Collector, the Election Officer, the Market Committee, and several individuals. The Court observed that the election programme had already been published and the election process had commenced. Relying on settled legal principles, the Court held that once the election process has started, the High Court should not interfere under Article 226, as there is an alternative remedy available by way of an election petition after the election is concluded. The Court dismissed the writ petition, leaving it open to the petitioner to file an election petition if so advised. The Court also disposed of the connected writ petition (WPST-16809-15) as withdrawn.

Headnote

A) Constitutional Law - Writ Jurisdiction - Interference in Election Process - Article 226 of the Constitution of India - The petitioner sought to challenge the election programme and the inclusion of certain voters in the electoral roll for the Kolhapur Agricultural Produce Market Committee. The Court held that once the election process has commenced, the High Court should not interfere under Article 226, and the appropriate remedy is to file an election petition after the election is over. (Paras 1-18)

B) Cooperative Societies - Agricultural Produce Market Committee - Election Process - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The election was governed by the said Act and the Rules framed thereunder. The Court noted that the election programme had been published and the process was underway, and therefore declined to entertain the writ petition. (Paras 1-18)

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Issue of Consideration

Whether the High Court should interfere under Article 226 of the Constitution of India with the election process of the Kolhapur Agricultural Produce Market Committee after the election programme has been published and the process has commenced.

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Final Decision

The writ petition was dismissed. The Court held that once the election process has commenced, the High Court should not interfere under Article 226, and the appropriate remedy is to file an election petition after the election is over. The connected writ petition (WPST-16809-15) was disposed of as withdrawn.

Law Points

  • Election process cannot be interfered with once commenced
  • alternative remedy of election petition available
  • writ jurisdiction under Article 226 not to be exercised to stall elections
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Case Details

2015 LawText (BOM) (07) 216

Writ Petition No.5747 of 2015

2015-07-08

2015:BHC-AS:15481

Mr. Nandkumar Anandrao Walanju

The State of Maharashtra & Ors.

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging the election process of the Kolhapur Agricultural Produce Market Committee.

Remedy Sought

The petitioner sought to challenge the election programme and the inclusion of certain voters in the electoral roll, and prayed for interference in the election process.

Filing Reason

The petitioner alleged irregularities in the election process and the electoral roll for the Kolhapur Agricultural Produce Market Committee.

Issues

Whether the High Court should interfere under Article 226 with the election process after the election programme has been published and the process has commenced.

Submissions/Arguments

The petitioner argued that the election programme and the electoral roll were flawed and sought the Court's intervention. The respondents opposed the petition, contending that the election process had already commenced and the Court should not interfere.

Ratio Decidendi

The High Court should not interfere under Article 226 of the Constitution of India with the election process once it has commenced, as there is an alternative remedy available by way of an election petition after the election is concluded.

Judgment Excerpts

Once the election process has commenced, the High Court should not interfere under Article 226 of the Constitution of India.

Procedural History

The petitioner filed Writ Petition No.5747 of 2015 under Article 226 of the Constitution of India challenging the election process of the Kolhapur Agricultural Produce Market Committee. The Court heard the matter and dismissed the petition on 08.07.2015. A connected writ petition (WPST-16809-15) was disposed of as withdrawn.

Acts & Sections

  • Constitution of India: Article 226
  • Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963:
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