Point of Law: Election - Power of judiciary lies, not in deciding cases, nor in imposing sentences, nor in punishing for contempt, but in the trust, confidence and faith of the common man. We don’t want a common man to lose faith and confidence in the judiciary but rather we should instill confidence and faith by condemning the act and setting it right.

JUDGMENT :

J.B.PARDIWALA, J.

1. Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done, but must also seem to be done; similarly, elections should not only be fairly and properly held, but also seem to be so conducted as to inspire confidence in the mind of the electors that everything has been done aboveboard and has been done to ensure free elections.' This was observed by the Supreme Court in the case of Rampakavi Rayappa Belagali Vs. B.D. Jatti & Others, reported in 1970 (3) SCC 147. In the said case, the Supreme Court further held :

"It will be a sad day in the history of our country that the police and the Government Officers create even an impression that they are interfering for the benefit of one or the other candidate. This is particularly so if a candidate is holding an important position or assignment like respondent No.1, at the material time was Minister in the State."

2. This is exactly the allegation of the writ applicant in the case on hand, who has alleged that in the matter of election to the post of President & Vice President of the Satlasana Taluka Panchayat, the total Government Machinery including the police interfered for the benefit of one particular political party.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

“(A) Your Lordships may be pleased to issue a writ of certiorari and/or appropriate writ, order or direction in the nature of certiorari and be pleased to quash and set aside the notification dated 17.03.2021 for the election of President and Vice President of Satlasana Taluka Panchayat shown at Annexure ‘A’ treating it as void, malafide, tainted and contrary to law and further directing the respondents herein to conduct fresh election for the post of President and Vice President of Satlasana Taluka Panchayat;

(B) Pending admission final hearing and disposal of the present petition, Your Lordships may be pleased to stay the execution, implementation and operation of the notification dated 17.03.2021 for the election of the President and Vice President of Satlasana Taluka Panchayat shown at Annexure ‘A’ to this petition, and further direct to hold the fresh election of President and Vice president;

(C ) Your Lordships may be pleased to grant such other and further relief as may be deemed just and proper by this Hon’ble Court.”

4. The facts, giving rise to this writ application, may be summarized as under;

4.1 The writ applicant is one of the members of the Satlasana Taluka Panchayat, District: Mehsana. It appears that the writ applicant was elected as a member of the Satlasana Taluka Panchayat from the Umri-14 seat of the Satlasana Taluka.

4.2 It appears that , in all, eight candidates nominated by the “X” Party came to be elected. Seven candidates nominated by the “Y” Party came to be elected and the writ applicant herein was elected as an independent candidate.

4.3 The election for the post of President and Vice President respectively of the Satlasana Taluka Panchayat was scheduled to be held on 17.03.2021.

4.4 We may pick up the rest of the facts from the averments made in the memorandum of the writ application. The same are as under;

“4.2 The petitioner was informed by many persons of the BJP that if he does not support the candidate sponsored by the BJP he would be tender hook of some criminal proceedings. The petitioner did not intend to change loyalty to the party otherwise also it would incur disqualification. The petitioner was apprehending that some illegal method might be adopted to prevent him from participating in the election of President and Vice President, he had written the representation to the District Collector, Mehsana that he may not be prevented from participating in election process. The copy of the representation sent to the District Collector, Mehsana and copy thereof dated 15/03/2021 sent to various authorities is annexe