The main legal point established in the judgment is that a High Court should be slow in interfering in election matters once the election process has been set into motion.

Rajendra Menon, J.:-

1. As common questions are involved in these three petitions are with regard to conducting elections to the Panchayats, all these petitions are being heard analogously. For the sake of convenience, pleadings and documents available in the record of Writ Petition No. 22/2015 are being referred to in this order.

2. Challenging the Notifications - Annexures P/1, P/3 and P/4 dated 15.12.2014, 20.12.2014 and 24.12.2014, issued by the MP State Election Commission in the matter of conducting elections to the Gram Panchayat, Janpad Panchayat and Zila Panchayat in the State of Madhya Pradesh in three phases, on various dates as are indicated therein, all these writ petitions have been filed.

3. During the course of hearing of the matter, the only grievance pointed out by learned counsel for the petitioners were with regard to counting of votes for the elections to the Zila Panchayat that has been held on 13.1.2015. It is the case of the petitioners that initially the elections to the Panchayats in the State of Madhya Pradesh was notified by the State Election Commission on 15.12.2014, and a three phase election programme vide Annexure P/1 was notified. It is stated that the manner in which the election programme has been notified indicates that polling for electing members of the Janpad Panchayat and the Zila Panchayat of a single District are not being completed in a single phase. It is being spread over in two or three different phases. It is stated that the petitioners, including the petitioner in Writ Petition No. 22/2015, who happens to be the State President of a political party namely - MP Congress Committee, objected to the manner in which the election was to be conducted in these phases and submitted a representation on 19.12.2014 vide Annexure P/2. Accordingly, an amended notification - Annexure P/3 was issued on 20.12.2014, curing various defects that were pointed out by the petitioners. Subsequently, another notification - Annexure P/4 has been issued on 24.12.2014, again making certain further amendments in the election process to be held.

4. However, inspite of the amended notification issued, the only grievance of the petitioners now are that for the elections to the Janpad Panchayat and the Zila Panchayat that have been held on 13.1.2015, counting of votes is to take place on 16.1.2015, but the results will not be declared. The results will be declared only on 25.2.2015. They do not have any objection with regard to postponing declaration of results, but their only objection is even if the counting of votes is held on 16.1.2015, the secrecy of the elections would be disturbed. The counting agents and others persons of the media, who would be present at the time of counting, will know as to who is elected as member of the Janpad Panchayat and thereby the elections to be held subsequently to the Zila Panchayat and the Janpad Panchayat, particularly to the Zila Panchayat would be adversely effected. It is stated that by phasing the elections in the manner done for the same District in different phases, an adverse affect would be caused on the election. Accordingly, contending that even counting of the votes for elections already held should be postponed and should be undertaken after all the polling is held after the third and final phase, these petitions have been filed under Article 226 of the Constitution.

5. In all the petitions, the only adverse affect due to the impugned process as is indicated hereinabove, is pointed out by contending that if the counting of votes for the elections already held with regard to election of Janpad Members and Zila Panchayat Members are undertaken before completing the second and third phase of polling for the same Janpad Panchayat and the Zila Panchayat, this would adversely influence the voters in the next phase of polling for electing the remaining Members of the same Janpad Panchayat or the Zila Panchayat.

6. Placing reliance on a judgment of the Supreme Court