Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In the democratic fabric of India, elections form the cornerstone of governance, particularly at the grassroots level like Panchayat elections. But what happens when disputes arise mid-process? A common query arises: once Started Cannot be Stopped – is this an absolute rule? This blog delves into the legal principles, , , and exceptions that govern this irrevocability, providing clarity for voters, candidates, and legal practitioners.
Note: This article offers general information based on established legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.
Once the election machinery kicks into gear – from notification issuance to result declaration – it generally rolls on uninterrupted. This principle ensures the sanctity of democracy, preventing frivolous challenges from derailing the democratic exercise. Courts have repeatedly emphasized that the process encompasses all stages, and interference is minimal to uphold voter will. 2014 0 Supreme(Raj) 433 1982 0 Supreme(Raj) 324
Key reasons include:- Maintaining Electoral Integrity: Halting elections could lead to manipulation or endless litigation.- Statutory Safeguards: Specific laws bar interruptions except in extraordinary scenarios.
Indian law provides clear statutory backing:
These provisions create a 'hands-off' zone during elections, channeling grievances to afterward.
The judiciary has fortified this stance through consistent rulings:
These cases underscore a uniform judicial reluctance to meddle midstream.
While the rule is robust, exceptions exist:
In cooperative society elections, similar logic prevailed; complaints didn't justify halting under , as interference was unjustified. 2016 0 Supreme(Ori) 867
Other contexts reinforce this:- case: Appellate Authority couldn't order fresh elections mid-process, violating . 2019 0 Supreme(Raj) 1043- Karnataka Co-op Societies: on nominations set aside, prioritizing alternative remedies under . 2015 0 Supreme(Kar) 995
Election disputes span beyond Panchayats. In elections, High Courts avoided interference post-publication. 2023 0 Supreme(AP) 1390
Criminal angles, like assaults during assembly elections, resist quashing via settlements due to societal impact, but don't halt processes.
Non-election selections (e.g., Dark Room Assistant) sometimes differ, but election-specific rules dominate. 2023 0 Supreme(Mad) 585
A Panchayat Halqa case highlighted under Section 6, yet process continued. 2018 0 Supreme(J&K) 759
These illustrate the principle's wide application, from co-ops to sports bodies. 2015 0 Supreme(Kar) 995 2019 0 Supreme(Raj) 1043
The legal consensus is clear: the , once started, cannot be stopped or postponed barring exceptional circumstances like . Rooted in Article 243-O, statutory sections, and wisdom, this shields democracy from disruption. 1997 1 Supreme 310 2022 0 Supreme(Raj) 617 1982 0 Supreme(Raj) 324
Key Takeaways:- Disputes wait till post-election.- Exceptions are narrow (disasters, breakdowns).- Courts prioritize completion over interference.
References: 2022 0 Supreme(Raj) 617 2023 0 Supreme(Raj) 1358 2020 0 Supreme(Raj) 684 2016 2 Supreme 203 2005 7 Supreme 182 1952 0 Supreme(SC) 4 1997 1 Supreme 310 1995 0 Supreme(Raj) 429 2007 0 Supreme(Raj) 228 2014 0 Supreme(Raj) 433 2018 0 Supreme(Raj) 593 1982 0 Supreme(Raj) 324 1987 0 Supreme(Raj) 785 2023 0 Supreme(AP) 1390
2023 0 Supreme(Mad) 585 2019 0 Supreme(Raj) 1043 2018 0 Supreme(J&K) 759 2016 0 Supreme(Ori) 867 2015 0 Supreme(Kar) 995
Stay informed, vote wisely, and resolve disputes legally. For tailored advice, reach out to election law experts.
#ElectionLawIndia, #IrrevocableElections, #LegalInsights
The State of Rajasthan & Ors.), this Court is firmly of the view that the election process once notified, cannot be stopped in a midway. 21. The present writ petition is, therefore, allowed. 22. ... When the legislature has not conceived the situation like the one in hand for the purpose of staying the election, the Election Officer cannot clothe himself with the power ....
In a democratic process, when the process of election of a society is set in to motion, it cannot be interjected by the authorities to their whims and fancies and on grounds alien to the statutory power. ... Once the process of election is commenced, the same is not required to be stopped in any manner. In that regard, it is relevant to notice the following judgments. i....
Because of the declaration of the election of the Legislative Assembly, the election of the APMC were suspended and stopped and only after the declaration of the result of the Legislative Assembly elections, the election process of the APMC was commenced from the stage where it was stopped and accordingly ... been precisely stopped from casting their votes. ... #HL_STAR....
Since the Election Commission had already notified the election and the said elections had to be stopped at the stage of polling, necessarily the election process should continue from the stage at which the process was stopped. The voters list is already prepared. ... The petitioners have approached this Court seeking to direct respondents 1 and 2 to complete the #HL_ST....
(2001) 8 SCC 509 , the Supreme Court has authoritatively held that the preparation of the electoral roll is an intermediate stage of the election process. It follows that once such process is commenced, the election process should not be, ordinarily, be interfered with. ... election process even though there may be some alleged illegality or breach of rules while prepar....
Since the Election Commission had already notified the election and the said elections had to be stopped at the stage of polling, necessarily the election process should continue from the stage at which the process was stopped. The voters list is already prepared. ... The petitioners have approached this Court seeking to direct respondents 1 and 2 to complete the #HL_ST....
After the election process started, these writ petitions were filed by the voters in the list who are the non contesting candidates in the said elections. ... In our opinion, the High Court was not right in interfering with the process of election especially when the process of election had started upon publication of the election pro....
The process of nomination is then started. The Rules’ 1982 further provides the procedure for completion of the election process and disposal of the election papers. ... It was argued that the election process cannot be said to have commenced prior to 09.02.2024 when the schedule for election programme was published. ... The order pas....
it is argued that only because of the stay, the petitioners cannot avail the alternative remedy of election petition. ... The impugned order was made by the High Court in a writ petition under Article 226 of the Constitution of India filed to challenge an order directing re-poll made during the process of election. ... Shri Airen has also submitted that the entire record of election process#HL_E....
process, were taking broad-band and other articles including laptop and telephones in the godown but they were stopped by the applicants-accused persons and that when the informant and his companions told that they are engaged in election related work and they were going inside for their public duty ... Thus, alleged incident cannot be termed as private between the parties. The persons engaged in election....
Hence the plea, if selection process once started, cannot be stopped, cannot be entertained. The respondents clearly misconstrued the proviso and wrongly interpreted the proviso.
So far as the plea of respondent that since the election process has been started in compliance of the impugned order dated 19.09.2019 (Annexure-12), therefore, the process cannot be stopped. In this connection, the judgments were cited by learned counsel for the respondent Nos.
8. The other grounds taken in this writ petition pertain to the disputed question of facts which cannot be adjudicated upon in this petition. In view of the above, I find no merit in this petition. In the result, the same is dismissed along with connected applications. Even otherwise once the election process has been started, it cannot be stalled.
Can it be said that election process once started cannot be held up? Whatever be the reasons, circumstances or impossibility of situation. By way of illustration it may be stated where the entire ballot boxes are destroyed by fire or otherwise, say, by acts of vandalism, or where ballot boxes are taken away by miscreants, or there is an earthquake, or curfew is imposed covering date of poll.
7. Now, the question is whether the Hon’ble single Judge, in the facts and circumstances of the case, was justified in passing an interim order in relation to an election dispute. Section 70 of the Karnataka Co-operative Societies Act, 1959, provides for a reference of a dispute to the Registrar for a decision. Assuming for the sake of argument that the nomination of the writ petitioner, the respondent No. 1 in these appeals, was rejected by the Returning Officer erroneously, he has an alterna....
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