Case Note & Summary
The petitioners, Sajid Majid Khan and Babarao Parashram Kandhare (in W.P. No. 3196/2016) and Shaikh Salim Shaikh Madar (in W.P. No. 3420/2016), filed writ petitions before the Bombay High Court challenging the election process for the Gram Panchayat of Gokunda, Taluka Kinwat, District Nanded. The petitioners alleged irregularities in the preparation of the voter list and the election process. They sought a direction to the State Election Commission and other respondents to conduct the election afresh or to rectify the alleged defects. The court noted that the election process had already commenced. The respondents, represented by the State Election Commission and the State of Maharashtra, opposed the petitions, arguing that the court should not interfere with the election process once it has started. The court, after hearing the parties, held that it is well settled that once the election process has commenced, the High Court should not interfere under Article 226 of the Constitution of India. The proper remedy for the petitioners is to file an election petition under Section 15 of the Maharashtra Village Panchayats Act, 1959, after the election is concluded. The court dismissed both writ petitions, leaving the petitioners to pursue the remedy of an election petition. The court did not express any opinion on the merits of the allegations.
Headnote
A) Constitutional Law - Election Disputes - Interference under Article 226 - The court held that once the election process has commenced, the High Court should not interfere under Article 226 of the Constitution of India, and the aggrieved party must challenge the election by way of an election petition under the relevant statute. (Paras 5-6) B) Maharashtra Village Panchayats Act, 1959 - Election Petition - Remedy - The court held that the remedy for challenging the election of a Gram Panchayat is by filing an election petition under Section 15 of the Maharashtra Village Panchayats Act, 1959, and not by way of a writ petition under Article 226. (Paras 5-6)
Issue of Consideration
Whether the High Court can interfere with the election process of a Gram Panchayat under Article 226 of the Constitution of India after the election process has commenced.
Final Decision
Both writ petitions are dismissed. The petitioners are at liberty to file election petition under Section 15 of the Maharashtra Village Panchayats Act, 1959, if so advised. No order as to costs.
Law Points
- Election process cannot be interfered with under Article 226 once commenced
- Remedy lies in election petition under Section 15 of the Maharashtra Village Panchayats Act
- 1959
- Writs under Article 226 not maintainable for election disputes
