Dismissed

Sandip Shamrao Gidde v. the Election Commission of India and Ors.

Bombay HC21 Aug 2019PIL/86/2019

Case brief

AI extract

What is this about?

This PIL sought directions to recover rally expenses from all political parties and to ban rallies for parties not contesting elections. The court rejected both prayers, holding that the Representation of People Act restricts such directions and rally permissions lie with police, not the ECI.

What did the court decide?

Petition dismissed; no direction for expense recovery or rally ban granted.

Sandip Shamrao Gidde Vs the Election Commission of India and Ors. — Election Law | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.86 of 2019

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Sandip Shamrao Gidde .. Petitioner Versus

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The Election Commission of India and others .. Respondents

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Mr. Mahesh Rawool i/b Mr.A.B. Avhad for the petitioner. Mr.M.M. Pabale, AGP for respondent nos.3 and 4.

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CORAM: PRADEEP NANDRAJOG, C.J. AND BHARATI DANGRE, J.

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DATED : 21^st August 2019

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P.C:-

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1 Prayer (a) and (b) in the Public Interest Litigation read as under :

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(a) That this Hon'ble Court be pleased to direct the Election Commission of India of India and the State Election Commission to call for the expenses borne by all such political parties including the Maharashtra Navnirman Sena (MNS) political party for holding their gatherings, rallies and expenses incurred for campaigning forthwith, who do have any candidates contesting the Loksabha, Assembly or any elections and further to ensure that all such

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Tilak

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political parties abide by the Model Code of Conduct.

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(b) That this Hon'ble Court be pleased to direct the Respondents to not to grant any permission for holding rallies/ gatherings for campaigning in the forthcoming Lok Sabha elections and all further elections to all such parties who do not have any of their members contesting elections and if in case permissions have already been granted to any of such parties then the respondents be diverted to forthwith revoke all such permissions and further be pleased to direct the respondents to restrain all such parties from holding gatherings and/or rallies for elections.

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2 The Representation of People Act permits political parties to hold rallies to educate the voters concerning the manifesto of the political parties and thus, no direction as prayed for in prayer clause (a) can be issued. Prayer as far clause (b) also cannot be allowed for the reason any individual or an association of individuals can hold rallies to educate the voters irrespective of the fact whether an individual or the association of individuals are candidates at the ensuing election.

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3 As regards holding of rallies, permission has to be taken from the police authorities so that law and order problems does not arise. The Election Commission of India is not to grant or withhold permission to hold political rallies. Of course, Model Code of Conduct is enforced by the Election Commission when

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Tilak

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the decision is taken by the Commission to hold elections in a State.

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4 The Petition is dismissed.

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SMT. BHARATI DANGRE, J CHIEF JUSTICE

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Tilak

Sandip Shamrao Gidde v. the Election Commission of India and Ors.

Case brief

What is this about?

What did the court decide?

Sandip Shamrao Gidde v. the Election Commission of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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