Bombay High Court
Kantabai Devrao Varat And Another vs The State Of Maharashtra And Others on 16 February, 2021
Bench: S. V. Gangapurwala, Shrikant D. Kulkarni
1009
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1009 WRIT PETITION NO.2645 OF 2021
KANTABAI DEVRAO VARAT AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
WITH
1009 WRIT PETITION NO.2646 OF 2021
MAINA SHIVAJI KOLHE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
WITH
1009 WRIT PETITION NO.2748 OF 2021
BHASKAR RAMA VARAT
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
Mr. Arvind G. Ambetkar, Mr. Anant Devkate, Mr. Santosh P. Gaikwad,
Advocates for the petitioners, respectively.
Mr. A. R. Kale, A.G.P. for the Respondents State.
Mr. A. B. Kadethankar, Advocate for the State Election Commission.
Mr. V. D. Sapkale, Senior Advocate i/by Mr. Abhijit S. More, Advocate for
respondent No.5 in WP No.2646/2021.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 16th February, 2021.
ORDER:
1. The Elections of the Gram Panchayat Sakat were held. Results are also declared. The State election commission directed reelection of Ward No. 2 of the seat reserved for General (Woman) category.
2. The petitioner Ms Mainabai Shivaji Kolhe, is lone candidate from General (Woman) category from Ward No. 2, as per the valid list of nominated candidates. The State Election Commission has cancelled the election of General Woman (Category) from Ward No.2. Reelection has Page 1 of 3 ::: Uploaded on - 18/02/2021 ::: Downloaded on - 28/08/2021 11:12:20 ::: 1009 been declared allegedly on the ground that Returning Officer committed illegality in the election process.
3. The contention of the learned counsel Mr. Devkate is that petitioner Ms Maina Shivaji Kolhe would stand elected being lone candidate. One Jijabai D Kolhe, on whose complaint the State Election Commission has directed reelection of Ward No.2 from General (Woman) category, has withdrawn her candidature on 4th of January 2021 and the writ petition challenging acceptance of her nomination from General (Woman) Category category was also disposed of.
4. According to Mr. Kadetankar, the learned counsel for State Election Commission, the State Election Commission exercising its power under section 10A(4) of the Maharashtra Village Panchayats Act 1959 i.e. supervisory powers and on noticing that returning officer did not properly conduct the election process, had directed reelection of General (woman) category seat from Ward No.2 of village Sakat. Result of the said seat was never declared. The State Commission, to maintain purity of election has taken steps.
5. Mr. Sapkal, the learned Senor Advocate submits that the State Election Commission was also guided by the observations of the Full Bench of this Court at Principal seat at Bombay in Writ Petition (St.) No. 26 of 2021 dated 13th January, 2021.
6. Mr. Deokate, the learned counsel places reliance on the judgment of the Division Bench of this Court in the case of Jyoti Deepak Chavan Vs. Page 2 of 3 ::: Uploaded on - 18/02/2021 ::: Downloaded on - 28/08/2021 11:12:20 ::: 1009 Election Commission, reported in (2019) 5 AIR 338.
7. Respondent No.4 is present through his learned Advocate in the matter.
8. It would appear that various contentious issues are raised and are required to be adjudicated finally. The election programme has been declared on 8th February, 2021 and the nominations for the seat of General (Woman) Category for Ward No.2 are to be accepted from 16th February till 23rd February, 2021. The petitioners have approached this Court much earlier to the declaration of programme of election by the State Election Commission.
9. At present we are not stalling the said process. However, we make it clear and the State Election Commission, Returning Officer shall apprise the contesting candidates that the their election is subject to the decision in the present writ petitions.
10. We have observed as such because of the peculiar facts of the present case as existing and that the petitioners approached this Court well before declaration of election process, assailing the action of the State Election Commission.
11. Place the matters on 24.03.2021.
(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC Page 3 of 3 ::: Uploaded on - 18/02/2021 ::: Downloaded on - 28/08/2021 11:12:20 :::