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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ARIF S.DOCTOR
Chetan Chandrakant Ahire – Appellant
Versus
Union of India, through Department of Legal Affairs – Respondent
| Table of Content |
|---|
| 1. challenges to election results must substantiate voting irregularities. (Para 1 , 3) |
| 2. the absence of a demand for justice undermines legal standing. (Para 5 , 6) |
| 3. judicial review over elections is limited by statutory procedures. (Para 10 , 11) |
| 4. petitions filed on mere suspicions are not maintainable in constitutional courts. (Para 14 , 16) |
| 5. (Para 19 , 20) |
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 e
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 interventi....
Election - Conducted through ballot paper instead of EVM in absence of VVPAT Petition has been filed without any logic and justification - No foundation has been laid as to why EVMs be not used - Ele....
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
The requirement of evidence to prove that the result of the election was materially affected due to a defect in the Electronic Voting Machine is essential for granting relief under Article 226 of the....
Election disputes must be resolved through election petitions as per Article 329(b) of the Constitution, not through writ petitions.
Election - writ petitions instituted seeking re-poll including a challenge to the decision of the 1st respondent -Election Commission refusing such prayer are not maintainable in view of the constitu....
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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