IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA, JJ.
The Maharashtra Ekta Hawkers Union - Petitioner
Versus
Town Vending Committee Mcgm – Respondent
WRIT PETITION (L.) NO. 29339 OF 2024, WRIT PETITION NO. 3690 OF 2025, WRIT PETITION NO. 3700 OF 2025, WRIT PETITION (L.) NO. 7275 OF 2025, WRIT PETITION (L.) NO. 25070 OF 2024, WRIT PETITION NO. 727 OF 2025 WITH INTERIM APPLICATION (L) NO.8953 OF 2025 WITH INTERIM APPLICATION (L) NO.9689 OF 2025, WRIT PETITION (L.) NO. 4024 OF 2025, WRIT PETITION (L.) NO. 4022 OF 2025
Decided On : 23-03-2026
| 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 the Street Vendors on the Town Vending Committee (TVC) under Section 22(2)(d) of the Act.
(b) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or directions to direct the Respondent No. 2 to include in the electoral list all street vendors surveyed and identified in July 2014 in terms of the judgment of this Hon’ble Court in Azad Hawkers Union (supra), and also including those who have been issued letter of recommendations under PM SV Anidhi scheme and as mandated under letter dated 21st April 2022;
(c) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or direction to direct the Respondent No. 2 to conduct a fresh election with the all surveyed street vendors and persons who were issued letter of recommendations or surveyed by the MCGM while implementing the PM SV Anidhi scheme forming prat of the electorate for the elections as per letter dated 21st April 2022;
(d) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or direction to direct the Respondent No. 4 to not act in furtherance of the electoral list furnished submitted by MCGM;
3. WRIT PETITION NO. 3690 OF 2025
(a) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or direction to direct the Respondent No. 2 to include in the electoral list all street vendors surveyed, and those who have been issued letter of recommendations under PM SV Anidhi scheme and as mandated under letter dated 21st April 2022;
(b) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or direction to direct the Respondent No. 2 to conduct the elections with the all surveyed street vendors and persons who were issued letter of recommendations or surveyed by the MCGM while implementing the PM SV Anidhi scheme forming part of the electorate for the elections as per letter dated 21st April 2022;
(c) That this Hon’ble Court be pleased to issue a writ of Mandamus or writ in the nature of a Mandamus or any other writ, order or direction to direct the Respondent No. 4 to not act in furtherance of the electoral list furnished submitted by MCGM;
4. WRIT PETITION NO.3700 OF 2025
(a) That this Hon’ble Court be pleased to issue a Writ of Mandamus or any other Order, Writ or Direction in the nature of Mandamus directing the direct the MCGM that while conducting elections of Street Vendors to the TVC to follow the instructions of the state as its letter dated 21st April 2022 to particularly to include all street vendors who have been issued LoR by the MCGM for availing PM-SVAnidhi loans
Bombay Hawkers Union vs. Bombay Municipal Corporation
Olga Tellis vs. Bombay Municipal Corporation
Maharashtra Ekta Hawkers Union vs. Municipal Corporation of Greater Mumbai
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.
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