Writ petition challenging election proceedings raised an irregularity in postal ballot counting sequence. The court held that Article 243(o)(b) bars such challenges as election petitions are the exclusive remedy, dismissing the petition accordingly.
Writ petition dismissed. No costs awarded.
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 BENCH AT AURANGABAD
WRIT PETITION NO. 4950 OF 2021
Shankarrao Mohanrao Pawar
and others
.. Petitioners
Versus
The State of Maharashtra and others
.. Respondents
Mr. Umakant B. Deshmukh, Advocate for the Petitioners.
Mr. S. B. Yawalkar, Addl. G. P. for Respondents-State.
Mr. A. B. Kadethankar, Advocate for Respondent Nos. 2 to 5.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 22nd March, 2021.
PER COURT:-
.We have heard Mr. Deshmukh, learned counsel for the
petitioners.
2. The learned counsel for the petitioners submits that the petitioners were declared elected. Subsequently postal ballets were counted. The postal ballets have to be counted prior to the E.V.M. votes In the present case they were counted subsequently of the E.V.M. votes
3. We have also heard the learned Addl. G.P. for respondents.
4. Article 243 (o) (b) of the Constitution of India provides that no
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2 27-wp 4950-2021.odt
election to any Panchayat shall be called in question except by an
election petition presented to such authority and in such manner as is
provided for or under any law made by the legislature of the State. The
Maharashtra Village Panchayat Act provides for remedy of election
petition.
5. In the light of the bar enumerated under Article 243 (o) (b) of the Constitution of India the present petition cannot be considered.
6. Writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI )( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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2 issues framed by the court
Whether a writ petition challenging panchayat election proceedings can be entertained despite the existence of an election petition remedy.
The applicability of the bar under Article 243(o)(b) of the Constitution of India to the present writ petition.
2 provisions across 2 enactments
Shankarrao Mohanrao Pawar and others
The State of Maharashtra
Respondent Nos. 2 to 5
S. V. Gangapurwala
Shrikant D. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court