Disposed

Bharatiya Chhatra Sansad v. the State Election Commissioner

Bombay HC17 Jan 2017WP/947/2017

Case brief

AI extract

What is this about?

Mandamus petition challenging communication restraining political dignitaries from attending a function. Petitioner withdrew the prayer for exemption from election code restrictions. Court held petition no longer survives and disposed of it without adjudicating on alleged code of conduct breach.

What did the court decide?

Withdrawal of prayer rendered decision inoperative; petition disposed of.

Bharatiya Chhatra Sansad Vs the State Election Commissioner — Election Law | Bombay HC (2017)

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habeeb 1 wpst.1479.17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION (ST) NO.1479 OF 2017

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Bharatiya Chhatra Sansad .. Petitioner Vs The State Election Commissioner. .. Respondent

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Mr. V. A. Thorat Senior Advocate i/b. Mr. Surel S. Shah for the Petitioner. Mr. Sachidra B. Shetye for Respondent.

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CORAM : A. S. OKA & ANUJA PRABHUDESSAI, JJ.

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DATE : 17 JANUARY, 2017.

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P.C. :

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Not on board, taken on board.

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Heard the learned Senior Advocate appearing for the Petitioner and learned Advocate appearing for the Respondent. The challenge is to the communication dated 16^th January 2017. The challenge is to that part of the said communication by which the Respondent State

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Election Commission restrained the persons mentioned in the said communication from attending the function organized by the Petitioner

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between 11^th January 2017 to 23^rd February 2017.

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habeeb 2 wpst.1479.17.doc

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The learned Senior Advocate appearing for the Petitioner on instructions stated that Petitioner will withdraw the letter dated 12^th January 2017 (Exh.E to the petition), which is addressed to the State Election Commission. We accept the said statement. Perusal of the impugned communication shows that the same has been issued for communicating the decision taken by the State Election Commission on the request contained in the letter dated 12^th January 2017.

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By the letter dated 12^th January 2017, exemption was sought to the program of the Petitioner from any restriction that the election code of conduct may impose. Now the Petitioner has given up the said prayer. Therefore, the decision of the State Election Commission contained in the

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impugned communication dated 16^th January 2017 has become inoperative.

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Therefore, the petition will not survive. However, we make it clear that the issue whether participation of the dignitaries mentioned in the impugned letter dated 16^th January 2017 as well as other political dignitaries who are going to participate in the function organized by the Petitioner is in breach of the code of conduct is expressly kept open.

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habeeb 3 wpst.1479.17.doc

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By accepting the aforesaid statements, the petition is disposed of.

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(ANUJA PRABHUDESSAI,J) (A. S. OKA, J.)

Bharatiya Chhatra Sansad v. the State Election Commissioner

Case brief

What is this about?

What did the court decide?

Bharatiya Chhatra Sansad v. the State Election Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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