Santosh Laxman Bhoir and Ors. vs Ravindra v Konkar… — Writ and Judicial Review | Bombay HC (2025)

Santosh Laxman Bhoir and Ors. vs Ravindra v Konkar… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the interim application seeking restoration of Writ Petition No.11951 of 2023 and directions to ensure transparency in the fresh elections to be held after 25 February 2025 can be entertained. +1 more

Court's answer

The remedy sought in the interim application cannot be exercised even if the main Writ Petition No.11951 of 2023 is restored; if the Applicants are aggrieved by the manner in which the fresh elections are conducted, they will have to exercise an appropriate remedy in that regard.

Ratio / Principle

The remit of Writ Petition No.11951 of 2023 was only to examine the correctness of the order passed by the Industrial Court on 4 July 2023 relating to the past elections held on 26 February 2022; the scope of the Petition cannot be expanded to cover the fresh elections to be held after 25 February 2025.

Key takeaways

The Court finds no valid reason to entertain the interim application, which is accordingly rejected.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (Sandeep V. Marne, J.) rejects Interim Application No.1993 of 2025 in Writ Petition No.11951 of 2023, which sought (i) restoration of the writ petition and (ii) directions for the fresh elections due after 25 February 2025, namely printing of ballot papers in booklet form with counterfoil receipts, appointment of an outside Election Officer preferably from the office of the Commissioner of Labour, Thane, and completion of counting on the day of voting. Held: the writ petition's remit was confined to examining the correctness of the order dated 4 July 2023 passed by the Member, Industrial Court, Thane, relating to the past elections held on 26 February 2022, and its scope cannot be expanded to the fresh elections; the Court had earlier declined to exercise jurisdiction under Section 227 of the Constitution of India as the term of those elections was ending on 25 February 2025. Applicants aggrieved by the conduct of the fresh elections must pursue an appropriate separate remedy. Interim application rejected.

Megha 32_ia_1993_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.1993 OF 2025 IN

WRIT PETITION NO.11951 OF 2023

Santosh Laxman Bhoir and Ors. ...Applicants/ Petitioners

V/s.

Ravindra V. Konkar and Ors. ...Respondents

Ms. Anjali Purav for the Applicants/ Petitioners

Mr. Avinash Jalisatgi with Mr. T.R. Yadav and Ms. Divya Wadekar for Respondent Nos.1 to 8, 10 to 12, 15 to 18 and 21 & 22.

Mr. Shailesh S. Pathak for Respondent No.24.

CORAM : SANDEEP V. MARNE, J. Dated : 21 February 2025.

P.C. :

1. The interim application is filed seeking following reliefs:-

a) This Hon'ble Court be pleased to restore the Writ Petition No. 11951 of 2023 on the files of the Hon'ble Court.

MEGHA SHREEDHAR PARAB

Digitally signed by MEGHA SHREEDHAR PARAB Date: 2025.02.25 16:50:57 +0530

(b) This Hon'ble Court be pleased to issue following Directions, to be followed while framing the election Program.

(i) The ballot papers to be printed in a booklet form with counter-foil receipt

(ii) The Election Officer who will conduct the elections should be outsider and preferably from office of the Commissioner of Labour, Thane.

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(iii) The counting of the votes should be completed on the same day of voting.

(c) This Interim Application be finally allowed;

In the main Petition order dated 4 July 2023 passed by the Member, Industrial Court, Thane, was challenged. Before the Industrial Court, the manner in which the elections were held on 26 February 2022 was the subject matter of challenge.

This Court has refused to exercise jurisdiction under Section 227 of the Constitution of India after noticing that the term of elections held on 26 February 2022 was coming to an end on 25 February 2025.

Now the Application is filed seeking restoration of the main Writ Petition for the purpose of issuance of certain directions with a view to ensure transparency in the fresh elections that will be held after 25 February 2025. I am afraid, this remedy cannot be exercised even if main Writ Petition No.11951 of 2023 is restored. The remit of enquiry in Writ Petition No.11951 of 2023 was only to examine correctness of order passed by the Industrial Court on 4 July 2023 relating to past elections held on 26 February 2022. Scope of the Petition cannot be expanded to cover the fresh elections, which will be held after 25 February 2025. If the Applicants are aggrieved by the manner in which fresh elections are conducted, they will have to exercise appropriate remedy in that regard. I do not find

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any valid reason to entertain the interim application, which is accordingly rejected.

[SANDEEP V. MARNE, J.]

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