Sou Sangeeta Abasaheb Patil And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10723 OF 2015 Sou. Sangeeta A. Patil & Anr.

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Petitioners vs.

The State of Maharashtra & Ors.

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Respondents Mr. S. A. Rajeshirke for Petitioners.

Ms M. S. Bane - 'B' Panel Counsel for Respondent Nos. 1 to 3. CORAM : M. S. SONAK, J.

DATE: 27 OCTOBER 2015 P.C. :- 1] Not on board. Upon production taken on board. 2] The challenge in this Petition is to the order rejecting the Petitioners' nomination for election as a member of the Village Panchayat of Khamgaon.

3] At this stage, it will not be proper to entertain the present Petition. This is because the elections are already underway and the actual poll is scheduled on 1 November 2015. Section 15 of The Maharashtra Village Panchayats Act, 1959 ('said Act') provides that if the validity of any election of a member of a Panchayat is brought in question by any candidate at such election or by any person qualified to vote at the election to which such question refers, such 1/3

candidate or person may, at any time within fifteen days after the date of declaration of the result of the elections, apply to the Civil Judge (Junior Division), having ordinary jurisdiction in the area within which the election has been or should have been held for the determination of such question. The provisions contained in Section 15 of the said Act are quite wide and would admit a dispute as to whether the nomination of the Petitioners was validly rejected. 4] Further, Section 15A of the said Act provides that no election to any Panchayat shall be called in question except in accordance with the provisions of Section 15; and no Court other than the Judge referred to in that Section shall entertain any dispute in respect of such election.

Section 15A of the said Act, in fact, echoes what is provided in Article 243(O) of the Constitution of India which, inter alia, provides that no 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 by or under any Law made by the Legislature of a State.

5] No doubt, the learned Counsel for Petitioners is right that despite such provision, this Court retains jurisdiction to entertain petition under Article 226 of the Constitution of India. However, considering the circumstance that the election is already underway and actual poll is scheduled on 1 November 2015, it will not be 2/3

appropriate to exercise discretion and entertain the present petition. Accordingly, the present petition is not entertained. It is, however, made clear that this Court has not examined the dispute on merits and therefore all contentions of all parties are left open for decision by the appropriate authority if and when any occasion arises for the same.

6] The petition is disposed of in the aforesaid terms. 7] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 3/3