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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Vibha Kankanwadi, Hiten S.Venegavkar
Vinod Pundlikrao Chinchalkar – Appellant
Versus
State Of Maharashtra Through Principal Secretary Urban Department – Respondent
Headnote: Read headnote
ORDER :
Hiten S. Venegavkar, J.
1. Writ Petition No.14420 of 2025 not on board. Taken on board.
2. The present group of petitions preferred under Article 226 of the Constitution raises a common challenge to the decisions of the State Election Commission, Maharashtra ( hereinafter referred to as “the Commission”), by which the commission has postponed the elections of several Nagar Panchayats and Nagar Parishads, and in some cases the elections of selected constituencies within a ward are to be held on 20 December 2025. The impugned decisions were decided on the ground that in several constituencies where the nominations forms of the candidates have been rejected, statutory appeals have not been taken by the competent authority on or before 22 December 2025, and therefore, an opportunity of withdrawal of candidature from the election fray was not possible to be provided to such candidates whose appeal have been allowed and they have been permit
Electoral postponements must be exercised with foresight and in exceptional circumstances to maintain the integrity of the electoral process, ensuring that electoral timelines are adhered to and prev....
The court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing ....
Non-conduct of municipal elections for over seven years constitutes a violation of constitutional duties and governance principles, warranting a writ of mandamus to uphold democratic processes.
The main legal point established in the judgment is the duty of the Election Officer to protect the rights of the voters while preparing the final voters’ list and the importance of including the nam....
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