The court emphasized the principle that challenges to electoral matters, especially when elections are imminent, should not be entertained, as per Article 243-O.

JUDGMENT :

S.J. KATHAWALLA, J.

1. By the above Writ Petition the Petitioners seek to challenge the formation of wards of Respondent No. 7 - Gram Panchayat, Pateshwar Nagar, District-Satara, whose elections are scheduled to be held on 15th January, 2021. In other words the Petition challenges the delimitation of Panchayat area/constituencies determined by the authorities-Respondent Nos. 3 to 6.

2. The reliefs sought in the above Writ Petition are as follows:

“(a) that this Hon’ble Court be pleased to issue a writ of certiorari or any other writ, order or direction in the nature of certiorari calling for the records and proceedings in respect of formation of the wards of the Respondent No. 7 finalized by the Respondent No. 3 and after examining the validity, legality and propriety thereof, same be quashed and set aside.

(b) that this Hon’ble Court be pleased to issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the Respondent Nos.3 to 6 to reform the wards of the Respondent No. 7 in accordance with the provisions of the said Act of 1958 and guidelines issued by the Respondent No. 2.”

3. The facts which are relevant for deciding the reliefs sought in the above Writ Petition, are in brief set out hereunder:

3.1 On 29th November, 2019, Respondent No. 2-State Election Commission published guidelines and procedure for formation of wards and reservation of seats for village panchayats whose tenure was coming to an end between July 2020 and December, 2020.

3.2 The objections and suggestions with regard to formation of wards and reservation of seats were invited by the Tahsildar between 7th February, 2020 to 14th February, 2020, and forwarded to the Sub-Divisional Officer (‘SDO’) on 20th February, 2020 for hearing.

3.3 On 29th February, 2020, the SDO gave hearing to the persons who had submitted their objections and suggestions and sent his report/proposal to the Collector on 11th March, 2020, for his final decision on the formation of wards and reservation of seats.

3.4 In the meantime, elections were suspended due to the pandemic.

3.5 The order of suspension of election was revoked on 20th October, 2020 after which the final notification was published on 2nd November, 2020. Thereafter, the State Election Commission declared the election programme on 11th December, 2020 and the District Collector was to publish the election programme on 15th December, 2020. As per Schedule ‘A’ to the said programme, nominations were to be filed between 23rd December to 30th December, 2020; Scrutiny of nominations was fixed on 31st December, 2020; Withdrawal of nominations was allowed upto 4th January, 2021 by 3.00 p.m. Allotment of symbols and declaration of names of candidates were to be provided on 4th January, 2021 after 3.00 p.m.; and the voting was fixed on 15th January, 2021.

3.6 The Petitioners admittedly filed their objections with regard to the formation of wards only on 7th December, 2020, i.e. after the final notification of formation of wards was published.

3.7 The Petitioners filed the above Writ Petition on 21st December, 2020 seeking reliefs, set out in paragraph 2 hereinabove.

4. The Learned Advocate appearing for Respondent No. 2 - State Election Commission has submitted that all steps to conduct the election have been taken by the Election Commission. The ballot papers are printed and fixed on the Electronic Voting Machines (‘EVMs’) which are already set up and are kept at a secured venue and will be opened on the day of the election in the presence of all the candidates.

5. The Learned Advocate for Respondent No. 2 states that since the Writ Petition is filed on 21st December, 2020, i.e. after all the steps as set out in Clause 3 above are taken, it is trite law that the Court should not entertain the same.

6. We have enquired from the Advocate for the Petitioners as to why the Petitioners had not chosen to submit its objections during the time prescribed i.e. between 7th February, 2020 and 14th Februa