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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
Headnote: Read headnote
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
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 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.
The validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
Non-compliance with Election Commission orders must be proven to have materially affected the election result to declare the election as void under Section 100(1)(d)(iv) of the R.P. Act of 1951.
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
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