Case Note & Summary
The petitioner, Shobha Raosaheb Deshmukh, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 20.9.2014 passed by the learned District Judge-1, Beed in Misc. Civil Application No.101 of 2012. The petitioner had filed an election petition under Section 27 of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 challenging the election of respondent No.3, Savita Madan Aher, from Electoral Division No.3 Umapur, Tq. Georai, District Beed, which was reserved for women belonging to the backward class. The petitioner contended that respondent No.3 belonged to the Maratha caste and not the backward class, and therefore her election was void. The trial court, after considering evidence and the decision of the competent caste scrutiny committee dated 13.1.2014, set aside the election of respondent No.3. However, the trial court rejected the petitioner's prayer to be declared elected unopposed. The petitioner then approached the High Court seeking a declaration that she be declared elected unopposed. The High Court, after hearing the parties, held that the trial court had correctly set aside the election of respondent No.3 but could not declare the petitioner as elected unopposed. The court reasoned that an election petition under Section 27 of the Act is not a suit for declaration of title but a challenge to the election of the returned candidate. The proper course after setting aside an election is to direct a fresh election, not to declare the petitioner as elected. The High Court dismissed the writ petition, upholding the trial court's order to the extent it set aside the election of respondent No.3 and rejected the prayer for declaration of the petitioner as elected unopposed. The court also disposed of the connected civil applications.
Headnote
A) Election Law - Caste Misrepresentation - Section 27 Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 - Election Petition - The petitioner challenged the election of respondent No.3 on the ground that she belonged to Maratha caste and not backward class, while the seat was reserved for backward class women. The trial court set aside the election based on evidence and the caste scrutiny committee's decision dated 13.1.2014, but rejected the petitioner's prayer to be declared elected unopposed. (Paras 4-7) B) Election Law - Declaration of Elected Unopposed - Section 27 Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 - The High Court held that the trial court could not declare the petitioner as elected unopposed because the election petition was not a suit for declaration of title but a challenge to the election of the returned candidate. The proper remedy is to set aside the election and direct fresh election. (Paras 8-10) C) Election Law - Reservation for Backward Class Women - Section 27 Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 - The court noted that the seat was reserved for women belonging to backward class, and the petitioner claimed to be from backward class. However, the court did not decide on the petitioner's caste status as it was not necessary for the disposal of the petition. (Paras 6-7)
Issue of Consideration
Whether the trial court could declare the petitioner as elected unopposed after setting aside the election of the returned candidate on grounds of caste misrepresentation.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order to the extent it set aside the election of respondent No.3 and rejected the prayer for declaration of the petitioner as elected unopposed. The court held that the trial court could not declare the petitioner as elected unopposed because the election petition was not a suit for declaration of title but a challenge to the election of the returned candidate. The proper remedy is to set aside the election and direct fresh election. The connected civil applications were disposed of.
Law Points
- Election petition
- Caste misrepresentation
- Declaration of elected unopposed
- Section 27 Maharashtra Zilla Parishads and Panchayat Samities Act
- 1961
- Caste Scrutiny Committee
- Reservation for backward class women
