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2026 Supreme(Bom) 151

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

Advocates Appeared:
For the Petitioner:Mr. Jamshed Mistry a/w. Mr. Dipesh Siroya, Amicus Curiae. Mr. Punit Jain, Senior Advocate a/w. Adv. S. Khan
For the Respondent: Ms. P.H. Kantharia, GP a/w. Mr. Mohit Jadhav, Agp

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 protection and public rights.

Headnote:(A) Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - Sections 3(1), 3(3), 4(1), 21, 22(2)(d), 26, 38 - Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016 - Rules 14, 15 - National Policy on Urban Street Vendors, 2009 - Town Vending Committee elections - Voters’ list of approx. 32,000 prepared after scrutiny of 2014 survey applications upheld requiring documentation and verification as per Policy; prima facie eligibility of 99,435 to vend does not confer automatic right to vote - Rule 15 procedure for publication and objections complied with, delay in election notification extending opportunity without prejudice - Elections conducted valid despite challenges; no interference warranted; results declared immediately; TVC to implement Act including scheme framing; eligible vendors permitted vending on specified areas; fresh survey post-constitution; verification of identities including illegal immigrants; removal of unauthorised hawkers. (Paras 19, 26-28, 29-33, 35, 44, 50)

(B) Street vending regulation - Balancing rights of vendors and citizens - Persistent delays in Act implementation causing hardship to both; priority to operationalize statutory framework over electoral perfection; fresh survey permissible anytime; public convenience including footpath access, safety paramount; coercive actions against ineligible restrained only post-process. (Paras 21-24, 34, 37-42)

Facts of the case:
Multiple writ petitions by street vendor unions challenging elections for TVC representatives on voters’ list of 32,000 excluding 99,435 from 2014 survey and others issued recommendations under schemes; seeking quashment, inclusion in electoral roll, fresh elections, vending certificates, restraint on evictions.

Findings of Court:
Elections valid; voters’ list validated per procedure; 99,435 prima facie eligible permitted vending per guidelines within four months for remaining; no other vending allowed; comprehensive stall scrutiny; identity verification of operators including non-nationals with action against illegals; personal liability on officers for inaction.

Issues: Whether voters’ list limited to 32,000 after scrutiny justified over 99,435 surveyed; compliance with Rule 15 publication and objection process.

Ratio Decidendi: Protection for vending eligibility mandates scrutiny for voter inclusion per Policy; no automatic voter right; objections opportunity provided earlier; Act implementation urgent balancing vendor livelihoods and citizen rights to movement, safety against encroachments; process completion essential post-delays. Result : Writ petitions disposed; elections upheld and validated.

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

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