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Checking relevance for Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha VS State Of Maharashtra...
2001 7 Supreme 362 : Under the Maharashtra Co-operative Societies Act, 1960, the preparation of the electoral roll for a specified society is an intermediate stage in the election process for constituting the managing committee. If there is a breach of mandatory rules during the preparation of the electoral roll, such as non-compliance with the provisions of the Act or Rules, the same can be challenged after the election result is declared by filing an election petition before the Election Tribunal under Rule 81(d)(iv) of the Maharashtra Specified Cooperative Societies Elections Rules, 1971. Therefore, a writ petition in respect of an election matter related to the electoral roll cannot be maintained in the High Court when an alternative remedy of filing an election petition before the Election Tribunal is available. The High Court should not entertain a writ petition where the issue relates to an intermediate stage of the election process and an alternative remedy exists before the Tribunal.Checking relevance for Indrajit Barua VS Election Commission Of India...
1985 0 Supreme(SC) 334 : Writ petitions challenging election matters are not maintainable in respect of elections to a State Legislature. According to Article 329(b) of the Constitution, no election to a State Legislature can be called in question except by an election petition presented to the appropriate authority (the High Court) in accordance with the Representation of the People Act, 1951. The Supreme Court has held that writ petitions under Article 226 cannot be used to challenge the validity of elections to a State Legislature, as such challenges must be made through an election petition filed before the Election Tribunal (now the High Court). This applies even if the electoral rolls are defective or challenged on grounds such as inclusion of non-citizens, as the finality of electoral rolls and the exclusive jurisdiction of the Election Tribunal for election disputes are constitutionally mandated. Therefore, a writ petition in respect of an election matter cannot be transmitted to the Election Tribunal; instead, the proper remedy is an election petition under Section 81 of the Representation of the People Act, 1951.Checking relevance for Mohinder Singh Gill VS Chief Election Commissioner, New Delhi...
1977 0 Supreme(SC) 350 : A writ petition in respect of an election matter cannot be transmitted to an Election Tribunal. According to Article 329(b) of the Constitution, no election to either house of Parliament or state legislature can be called in question except by an election petition presented to the appropriate authority in the manner provided by law. The Supreme Court has held that the election petition is the exclusive remedy for challenging an election, and writ petitions under Article 226 are barred. This is because the entire electoral process, including orders for repoll or cancellation of poll, is part of the ''''election'''' as defined in a wide sense under the Constitution. Therefore, if a writ petition challenges an order cancelling an entire poll or ordering a fresh poll, the appropriate remedy is an election petition, not a writ petition. The High Court, as the election court, has exclusive jurisdiction to try such matters under Section 80A of the Representation of the People Act, 1951. Thus, a writ petition cannot be transmitted to an Election Tribunal; instead, the matter must be pursued through the election petition route.Checking relevance for Hari Prasad Mulshanker Trivedi VS V. B. Raju...
1973 0 Supreme(SC) 266 : The legal document establishes that the jurisdiction of a court trying an election petition is impliedly ousted with respect to determining whether a person is ordinarily resident in a constituency for the purpose of being registered in an electoral roll. The court held that the requirement of ordinary residence, as mandated by Section 19 of the Representation of the People Act, 1950, is a jurisdictional fact that Parliament intended to be decided exclusively by the authority responsible for electoral rolls, not by a court or tribunal hearing an election petition. This inference is strengthened by the fact that under Section 100(l)(d)(iv) of the 1951 Act, an election can only be declared void if the result was materially affected by non-compliance with constitutional or statutory provisions, and non-compliance with Section 19 (relating to residence) does not constitute such a ground. Therefore, a writ petition in respect of an election matter cannot be transmitted to an Election Tribunal to decide on the issue of ordinary residence for voter registration, as this question falls outside the jurisdiction of the tribunal and is meant to be resolved by the electoral authority under the scheme of the 1950 and 1951 Acts.Checking relevance for Laxmi Kant Bajpai VS Hazi Yaqoob...
Checking relevance for Inderjit Barua VS Election Commission Of India...
Checking relevance for L. SHIVANNA VS STATE OF KARNATAKA...
1988 0 Supreme(Kar) 242 : A writ petition in respect of an election matter can be transmitted to an Election Tribunal only if the challenge relates to a matter that falls outside the scope of Article 429(b) of the Constitution, which bars challenges to elections except through an election petition. Specifically, challenges to the legality of the preparation of electoral rolls—such as the inclusion of ineligible persons or exclusion of eligible persons—do not fall within the bar of Article 429(b) and are therefore maintainable in a writ petition under Article 226 of the Constitution. However, once the election process has commenced (including the notification for election), the writ petition must be filed before the election is held, and the Election Tribunal has no jurisdiction to adjudicate on the legality of the electoral roll. Thus, in circumstances where the challenge is to the inclusion of ineligible persons in the electoral roll and the petition is filed before the election notification, a writ petition is maintainable and not barred by Article 429(b), and the matter may be addressed by the High Court under Article 226. The Election Tribunal cannot entertain such a challenge, but the writ petition remains a valid remedy before the election process concludes.
