Case Note & Summary
The petitioner, Shri Vijay Waman Deshmukh, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondent nos. 2 to 12 as corporators of Pune Municipal Corporation from Ward No. 44, Seat B, in the elections held in 2015. The petitioner alleged that the respondents had impersonated voters and filed false affidavits regarding their educational qualifications and criminal antecedents. The petitioner sought a declaration that the election of the respondents was void and for fresh elections. The respondents denied the allegations and contended that the petitioner had no locus standi and that the petition was not maintainable as the remedy lay by way of an election petition under the Bombay Provincial Municipal Corporations Act, 1949 (BPMC Act). The court examined the pleadings and found that the petitioner had not produced any material evidence to support the allegations of impersonation or false affidavits. The court held that the burden of proof lay on the petitioner to establish corrupt practice, which he failed to discharge. The court also noted that the election petition remedy under the BPMC Act was an efficacious alternative remedy. Consequently, the court dismissed the writ petition and the accompanying civil application, leaving the petitioner to pursue an election petition if so advised.
Headnote
A) Election Law - Corrupt Practice - Burden of Proof - Allegations of impersonation and false affidavits in municipal election - Petitioner failed to produce any material evidence to substantiate claims - Held that mere allegations without proof cannot invalidate election - Election petition under BPMC Act is appropriate remedy (Paras 1-10).
Issue of Consideration
Whether the election of respondent nos. 2 to 12 as corporators of Pune Municipal Corporation from Ward No. 44, Seat B, is vitiated due to alleged corrupt practices including impersonation and filing of false affidavits.
Final Decision
Writ Petition No.11334 of 2015 and Civil Application No.3379 of 2015 are dismissed. Petitioner may pursue election petition remedy if so advised.
Law Points
- Election law
- Corrupt practice
- Burden of proof
- Impersonation
- False affidavit
- Election petition remedy
