The High Court at Aurangabad dismissed a writ petition challenging by-elections to a municipal ward. The Court held that procedures for general elections are distinct from filling casual vacancies.
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 OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.552 OF 2015
Pathan Zafarali Khan s/o Mehmood Ali Khan
Petitioner
Versus
The State of Maharashtra & others
Respondents
Petitioner present party-in-person Mr.S.K.Kadam, A.G.P. for Respondents No.1. Mr.S.T.Shelke, advocate for Respondent No.2. Mr.M.V.Deshpande, advocate for Respondent No.3.
CORAM : R.M.BORDE &
P.R.BORA, JJ. DATE : 15th January, 2015
PER COURT:
1 Petitioner presented a writ petition being W.P.No.1158 of 2013 seeking directions to the Election Commission to consider the representation tendered by him on 12.09.2012. The representation relates to formation of wards of Nanded-Waghala City Municipal Corporation, Nanded, for the purposes of holding elections to the Municipal Corporation.
2 According to the petitioner, formation of wards by the State Election Commission is not in conformity with the provisions of the Rules. Since the State Election Commission did not consider objection in respect of formation of wards, petitioner had approached this Court by presenting aforesaid writ petition. It does appear that in the meanwhile, elections to Nanded-Waghala
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Municipal Corporation did take place. Taking note of this, the Division Bench of this Court, while disposing of writ petition tendered by the petitioner, by order dated 22.12.2014, directed Respondent No.2 to consider the representation filed by the petitioner on 12.09.2012 and for that purpose, give him opportunity of hearing. Respondent No.2 was directed to consider and decide the representation within a period of three months from the date of the order i.e. 22.12.2014.
3 The petitioner contends that without taking decision on the objection tendered by him in respect of formation of wards, Respondent No.2 has proceeded to take steps for holding byeelections to Ward No.15B to fill in the vacancy. The petitioner contends that it was not open for Respondent No.2 to proceed to declare elections for filling up the vacancy before taking decision on the objection tendered by him and complying with the directions issued by this Court in aforesaid writ petition on 22.12.2014.
4 The objection tendered by the petitioner relates to formation of wards for the purposes of holding general elections to Nanded-Waghala Municipal Corporation, which were already held in 2012. Since the general elections have taken place, this Court directed the Election Commission to look into the objection tendered by the petitioner and take appropriate decision, which may be relevant for the purposes of conducting next general elections. So far as filling up of casual vacancy, occurred during continuance of tenure, the decision on the application/representation tendered by the petitioner, will have a
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little impact. The decision, if any, may be referrable to the next general elections. The prayer made by the petitioner, in the instant petition, for prohibiting Respondent No.2 from proceeding with the election programme for filling up the vacancy during continuance of tenure, is devoid of substance.
5 Writ Petition stands dismissed.
P.R.BORA JUDGE
R.M.BORDE
JUDGE
adb/wp55215
1 issue framed by the court
Whether the State Election Commission could conduct by-elections without deciding petitions regarding the formation of municipal wards.
Pathan Zafarali Khan
The State of Maharashtra
R.M.Borde
P.R.Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
