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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, KAMAL KHATA
Maharashtra Ekta Hawkers Union – Appellant
Versus
Town Vending Committee Mcgm – Respondent
| Table of Content |
|---|
| 1. seek quashing of tvc elections and voter list expansion (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. factual background of surveys and prior court orders (Para 10 , 11 , 12 , 13 , 14) |
| 3. petitioners argue defective voter list and rule non-compliance (Para 15 , 16) |
| 4. respondents defend voter list per policy and rules (Para 17) |
| 5. urgency to implement street vendors act without delay (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. eligibility requires scrutiny beyond prima facie acceptance (Para 26 , 27 , 28) |
| 7. rule 15 voter list process substantially complied with (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 8. uphold elections; tvc to conduct fresh survey (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 9. validate elections, declare results, direct verifications (Para 50 , 51 , 52 , 53 , 54 , 55 , 56) |
JUDGMENT :
1. The above mentioned Writ Petitions before us, inter alia seek the following reliefs:
2. WRIT PETITION (L.) NO. 29339 OF 2024
(a) That this Hon’ble Court be pleased to issue an appropriate writ of certiorari or any other writ order or direction to quash and set-aside the elections conducted on 29.08.2024 for electing the representatives of th
TVC elections on scrutinized voters' list upheld; prima facie vending eligibility not automatic voter right; Rule 15 complied; Act implementation prioritized over challenges, balancing vendor protect....
The election notification for the Town Vending Committee was invalid due to failure to publish in the Official Gazette, violating statutory requirements.
The court reinforced the necessity for local authorities to enforce no-vending schemes effectively, emphasizing zero tolerance for illegal encroachments and the importance of public spaces.
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
The court affirmed that street vendors do not have an unqualified right to occupy designated no-vending zones and that proper procedures for eviction as per the relevant statutes were followed.
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
Street vendors cannot be evicted without adherence to statutory provisions, including the completion of surveys and designation of vending zones as mandated by the Street Vendors Act.
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