The assertion of illegal votes without substantial evidence fails to establish a justiciable claim; a petitioner must first demand justice from relevant authorities before seeking judicial intervention under Article 226.

JUDGMENT :

G.S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India is filed praying for very wide and peculiar reliefs inter alia challenging the entire election of the Maharashtra State Legislative Assembly held by the Election Commission of India (for short “the ECI”), on 20 November 2024, the results of which were declared on 24 November 2024. It is prayed that the elections on the grounds as urged in the petition be declared to be null and void. Apart from the prayers for a mandamus for certain disclosure of information by the ECI, there are prayers made in the writ petition inter alia for issuance of a writ of mandamus to declare the results of the elections of each Assembly Constituencies issued by the Returning Officers as null and void, for the alleged non-compliance of the established legal provisions, procedural lapses, and irregularities in the electoral process. There is also a prayer for a relief that a writ of mandamus be issued for immediate withdrawal of the certificates of election issued by the Returning Officers of each constituency, as such certifications lack legitimacy, on account of procedural violations and discrepancies in the conduct of elections. The canvass of the thirteen prayers as made in the petition needs to be noted, which read thus:-

“(a) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may direct Respondent Nos. 2 and 3 to provide a detailed disclosure before this Hon'ble Court regarding the exact number of tokens distributed to voters after the official closing time (i.e., after 6:00 PM) at each polling station, along with the cumulative total of tokens distributed across all Assembly Constituency segments.

(b) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may direct Respondent Nos. 2 and 3 to provide a comprehensive and detailed disclosure before this Hon'ble Court regarding the total number of votes cast and polled in each constituency of the State of Maharashtra between 5:00 PM and 6:00 PM on 20/11/2024, ensuring accuracy and accountability in the electoral process.

(c) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may direct Respondent Nos. 2 and 3 to provide a comprehensive disclosure of the total number of votes cast and polled in each constituency of the State of Maharashtra after 6:00 PM until the final closing time of polling on 20/11/2024.

(d) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may declare the entire election process as void and illegal in the event of failure by Respondent Nos. 2 and 3 to produce or disclose, with accuracy and transparency, the number of tokens distributed to each voter at each polling station and the cumulative total of tokens distributed across all Assembly Constituency segments. Such failure constitutes a gross non-compliance with the provisions of the Act, the Rules, the guidelines, and directions established under the law, thereby undermining the sanctity of the electoral process.

(e) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may declare as null and void the results declared by the respective Returning Officers of each Assembly Constituency due to the non-compliance with established legal provisions, procedural lapses, and irregularities in the electoral process.

(f) By an appropriate writ, order, or direction, including a writ of mandamus, this Hon'ble Court may direct the immediate withdrawal of the certificates of e