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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
| Table of Content |
|---|
| 1. challenge to postponement of elections. (Para 1 , 2) |
| 2. arguments against arbitrary postponement. (Para 3 , 4 , 5) |
| 3. state election commission's defense. (Para 6) |
| 4. importance of electoral process integrity. (Para 7 , 8 , 9) |
| 5. voter autonomy and information rights. (Para 10 , 11 , 12) |
| 6. authority and limitations of the election commission. (Para 13 , 14) |
| 7. judicial review in electoral matters. (Para 20 , 21) |
| 8. regulating election results declaration. (Para 22 , 23) |
| 9. condemnation of late postponement and guidelines for future. (Para 24 , 25 , 26) |
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
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....
Point of law: Since the Election Commission has already taken the decision to postpone the Elections, there shall be a post decisional consultation with the State of Andhra Pradesh before the next da....
Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumst....
Point of law: It is true that there may be certain man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding election....
Point of law: Article 243-K(3) also recognises the independent status of the State Election Commission. It states that upon a request made in that behalf the Governor shall make available to the Stat....
POSTPONE OF ELECTION - No reason why this Court should interfere with the decision of the respondent – Election Commission to postpone the elections particularly since the postponement is due to poss....
Elections for a co-operative society must be conducted before the board's term expires, and postponement requires valid legal grounds, not merely the absence of police protection.
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