Case Note & Summary
The petitioner, Sameer Janardan Shedge, filed an election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, challenging the election of Respondent No.1, Santosh Shankar Potphode, as a councillor of the Roha Municipal Council. The election was held on 27th November 2016, and the result was declared on 29th November 2016, with Respondent No.1 declared elected. However, the formal notification under Section 20(4) of the Act was issued later on 30th November 2016. The petitioner filed the election petition on 29th November 2016, i.e., after the declaration of result but before the notification. The respondents filed an application at Exhibit-74 seeking dismissal of the election petition on the ground that it was premature, as the notification under Section 20(4) had not been issued at the time of filing. The trial court, the District Judge-1, Mangaon-Raigad, allowed the application and dismissed the election petition as premature. The petitioner challenged this order by way of a writ petition under Article 227 of the Constitution of India before the Bombay High Court. The High Court examined the provisions of the Act, particularly Sections 20 and 21. Section 20(4) requires the State Election Commission to notify the names of elected members in the Official Gazette. Section 21 allows any candidate to file an election petition calling in question the election of a returned candidate on specified grounds. The court noted that the election process culminates with the declaration of the result under Section 20(3), and the notification under Section 20(4) is a ministerial act. The court held that the election petition can be filed immediately after the declaration of the result, and the absence of notification does not make the petition premature. The court relied on the principle that the right to challenge an election accrues upon the declaration of the result, and the notification is not a condition precedent for filing an election petition. The court also observed that the trial court's order was erroneous and liable to be set aside. Accordingly, the High Court allowed the writ petition, set aside the trial court's order, and directed the trial court to proceed with the election petition on its merits. The court also directed that the election petition be disposed of expeditiously, preferably within six months.
Headnote
A) Election Law - Premature Filing - Section 21 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Election petition challenging election of a councillor - The petition was filed after the declaration of result but before the notification under Section 20(4) - The trial court dismissed it as premature - Held that the election petition is maintainable as the result was declared and the petition can be filed before formal notification, as Section 21 does not require notification to be issued before filing (Paras 1-11).
Issue of Consideration
Whether an election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 can be dismissed as premature when filed before the notification of the result under Section 20(4) of the Act?
Final Decision
The High Court allowed the writ petition, set aside the order dated 25th April 2017 passed by the District Judge-1, Mangaon-Raigad, and directed the trial court to proceed with Election Petition No.3 of 2016 on its merits and dispose it of expeditiously, preferably within six months.
Law Points
- Election petition can be filed before notification of result under Section 20(4) of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
- Section 21 of the Act provides for challenging election after result is declared
- premature dismissal is erroneous
