Case Note & Summary
The petitioners, who were Zilla Panchayat members from various constituencies in Chitradurga District, filed writ petitions under Article 226 of the Constitution of India challenging the election notification and calendar of events issued by the State Election Commission for the conduct of elections to the Zilla Panchayats. The petitioners contended that the notification was illegal and arbitrary. However, the court noted that the election process had already commenced and the petitions were filed after the issuance of the calendar of events. The court held that in view of the delay and laches on the part of the petitioners, and in light of Section 308 of the Karnataka Panchayat Raj Act, 1993, which bars interference by courts in election matters except by way of an election petition, the writ petitions were not maintainable. The court dismissed the petitions, observing that the petitioners had not approached the court in a timely manner and that the election process should not be stalled. The court also noted that the petitioners had an alternative remedy by way of an election petition after the election results were declared.
Headnote
A) Election Law - Writ Jurisdiction - Delay and Laches - Petitioners challenged election notification after issuance of calendar of events - Held that writ petitions filed after commencement of election process are liable to be dismissed on ground of delay and laches (Paras 1-5). B) Karnataka Panchayat Raj Act, 1993 - Section 308 - Bar to Interference by Courts in Election Matters - Section 308 provides that no election shall be called in question except by an election petition - Held that the High Court should not entertain writ petitions challenging election notification after election process has begun (Paras 1-5).
Issue of Consideration
Whether the writ petitions challenging the election notification and calendar of events for Zilla Panchayat elections should be entertained despite the petitioners' delay and laches.
Final Decision
Writ petitions dismissed.
Law Points
- Election law
- Writ jurisdiction
- Delay and laches
- Karnataka Panchayat Raj Act
- 1993
- Section 308
- Article 226 of Constitution of India
