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2015 Supreme(SC) 988

SUPREME COURT OF INDIA
KURIAN JOSEPH, ARUN MISHRA, JJ.
PRAKASH MOTIRAM CHAVAN AND ORS. – PETITIONERS
VERSUS
HARICHAND & ORS. – RESPONDENTS
CIVIL APPEAL NO.7059 OF 2015 (Arising out of SLP (C) No.27007 of 2014)
Decided On : 11-09-2015

Important Points

When an election process is completed during a stay on an order quashing reservations, the order may be set aside to maintain the process, provided the legal question remains open and parties can challenge election outcomes in the appropriate forum.

Subject

Election Law - Local Body Reservations

Headnote

(A) Election and Reservation - Reservation for the office of Chairman of a local body - Quashing of reservation by the lower court and direction to reconsider in accordance with relevant rules - Stay of operation of the order granted by the higher court due to the commencement of the election process - Completion of elections during the period of stay - Impugned judgment set aside as elections are already over, while the question of law is kept open.

Facts of the case:
The lower court quashed the reservation provided for the office of the Chairman of a local body for a specific term and directed the competent authority to reconsider the issue according to relevant rules. The higher court stayed this order because the election process had already commenced. On account of the stay, the election process continued and was concluded.

Findings of Court:
The court observed that since the election process was already completed due to the stay, it would be appropriate to set aside the lower court's judgment. The court further noted that any party aggrieved by the outcome of the election is free to pursue the matter before the appropriate forum.

Issues: Whether the order quashing the reservation for the office of the Chairman of a local body should be maintained after the election process was completed under a stay.

Ratio Decidendi: If an election process is completed during the operation of a stay on a judgment quashing reservations, the judgment may be set aside to avoid disrupting the completed process, provided the legal question is kept open and parties are permitted to challenge the results in the appropriate forum.

Result: Appeal allowed.

Legal Category Hierarchy

  • local government
    • panchayati raj
      • reservation of offices

JUDGMENT

Leave granted.

Issue in this appeal pertains to the election of the Chairman of Panchayat Samiti and on reservation.

The High Court by the impugned order 12.09.2014 quashed the reservation provided in respect of Office of Chairman of Panchayat Samiti, Kallamb for the term 2014-2017 with a direction to the District Collector, Osmanabad to reconsider the issue of reservation, in question, in accordance with relevant Rules.

Taking note of the fact that the election process had already been commenced, this Court by order dated 22.09.2014 stayed the operation of the judgment of the High Court. We are informed that on account of the stay, the election process already commenced, continued and the elections are over. For this, the appeal is disposed of by making it clear that if any party is aggrieved by outcome of the election, it will be open to the parties to pursue the same before the appropriate forum. The impugned judgment dated 12.09.2014 is set aside and the appeal is allowed. However, the question of law is kept open.

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