Independent candidate Maruti Mura Vagare filed a PIL complaining about lack of action on election grievances. The court held that if the Election Commission deems no action necessary, it implies insufficient material. The court found this not a fit case for extraordinary jurisdiction or an election petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 127 OF 2009
| Maruti Mura Vagare Vs. |
... | Petitioner |
|---|---|---|
| The State of Maharashtra & Ors. | ... | Respondents |
Mr. R.S.Apte, Advocate, for the petitioner (appoited as Amicus Curiae). Mr. A.H.Palekar, AGP, for respondent Nos. 1 & 2.
CORAM: F.I.REBELLO AND J.H.BHATIA, JJ.
DATE : 7th January, 2010.
P.C.
election from 44-Sangli Parliamentary Constituency. He secured 4958 votes. The winning candidate secured 378620 votes.
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Commission. That is an independent organisation independent of the Government and other bodies. In our opinion, if the Election Commission has chosen not to intervene on the complaints made, that postulates that there was no sufficient material on which the Election Commission could have acted.
With the above observations, the petition is disposed of.
(J.H.BHATIA,J.) (F.I.REBELLO,J.)
1 issue framed by the court
Whether the High Court should exercise its extraordinary jurisdiction to entertain a PIL regarding election complaints when the Election Commission has rejected them.
Maruti Mura Vagare
The State of Maharashtra & Ors.
F.I. Rebello
J.H. Bhatia
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
