Case Note & Summary
The present writ petition arises out of an election petition filed by respondent No.1 under Section 15 of the Maharashtra Village Panchayats Act, 1958, challenging the declaration of the petitioner as the successful candidate in the Gram Panchayat election held on 06-08-2015. During the proceedings, the petitioner filed an application (Exhibit No.90) seeking to call for the electronic voting machine (EVM) for verification and counting of votes. The trial court rejected this application by the impugned order. The petitioner then approached the High Court under Article 227 of the Constitution. The High Court noted that the lis was between the petitioner and respondent No.1, with respondent Nos.2 to 7 being formal parties. The court observed that the trial court's order was not perverse or without jurisdiction, and therefore, no interference was warranted. The petition was dismissed with no order as to costs.
Headnote
A) Election Law - Gram Panchayat Election - Verification of Electronic Voting Machine - Section 15 of Maharashtra Village Panchayats Act, 1958 - The petitioner sought verification and recounting of votes from the EVM in an election petition challenging the declaration of the successful candidate. The trial court rejected the application. The High Court, in exercise of writ jurisdiction under Article 227, declined to interfere, holding that the order was not perverse or without jurisdiction. (Paras 2-4)
Issue of Consideration
Whether the trial court's order rejecting the application for calling the electronic voting machine for verification and counting of votes is sustainable in law.
Final Decision
The High Court dismissed the writ petition, holding that the trial court's order was not perverse or without jurisdiction, and no interference under Article 227 was warranted. No order as to costs.
Law Points
- Election petition
- Electronic voting machine
- Verification and recounting
- Interference under Article 227
- Maharashtra Village Panchayats Act
- 1958
- Section 15
