Case Note & Summary
The dispute arose from the election of the Managing Committee of Shree Dev Bodgeshwar Sansthan, a Hindu Religious Institution registered under the Devasthan Regulation, 1933. The petitioners challenged the validity of the election held on 09.02.2025, claiming that the electoral roll was manipulated by the illegal addition of 254 members. The last election prior to this was conducted on 13.02.2022, and the process for the new election was initiated by the Administrator of Devalaya on 02.01.2025. The Secretary was required to display the list of Mahajans and allow for objections, but the final list was displayed only on 21.01.2025, which included the additional members. The petitioners argued that the election was marred by gross irregularities and sought to quash the election results. The Administrative Tribunal dismissed their appeal, stating that the petitioners failed to demonstrate how the inclusion of the 254 members materially affected the election outcome. The respondents contended that the enrollment was lawful and that the petitioners did not exhaust their remedies before challenging the election. The court analyzed the provisions of the Devasthan Regulation and found that the election process was fundamentally flawed due to the improper addition of members to the electoral roll. The court held that the election was void ab initio and directed the Administrator to conduct fresh elections excluding the disputed members. The court emphasized that valid electoral processes require adherence to legal provisions, and the failure to do so invalidated the election results.
Headnote
A) Election Law - Validity of Electoral Roll - Irregularities in Electoral Process - Devasthan Regulation, 1933, Articles 25, 26, 30 - The court found that the addition of 254 members to the electoral roll was illegal and not in compliance with the prescribed procedures, thus vitiating the entire election process. Held that the election conducted on the basis of this faulty electoral roll was null and void (Paras 20-22).
Issue of Consideration
Whether the election of the Managing Committee of Shree Dev Bodgeshwar Sansthan was valid given the alleged irregularities in the electoral roll.
Final Decision
The court allowed the writ petitions, quashed the election results, and directed the Administrator to conduct fresh elections excluding the 254 members from the electoral roll within three months.
Law Points
- Devasthan Regulation
- election process
- electoral roll validity
- objections to electoral roll
- fresh elections
