ELECTION COMMISSION OF INDIA versus SHIVAJI & ORS.

Citation: [1988] 1 S.C.R. 878 · Decided: 10-11-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
ELECTION COMMISSION OF INDIA 
v. 
SHIVAJI & ORS. 
NOVEMBER 10, 1987 
B 
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.] 
c 
Representation of the People Act, 1951-Whether High Court can 
entertain a petition questioning an election under Article 226 of the 
Constitution and rectify an error in the process of election before decla-
ration of result of election held under the provisions. 
The Governor of Maharashtra by a notification dated 18th 
September, 1987, issued under section 16 of the Representation of the 
People Act, 1951 ('the Act') called upon six local authorities Consti-
tuencies in the State of Maharashtra to elect one member from each of 
the said constituencies to fill the vacancies in the Maharashtra Legisla-
D tore Council, On the same day, the Election Commission oflndia, the 
appellant, issued a notification under section 30 of the Act fixing the 
calendar of events for the purpose of holding the elections. Osmanabad-
cum-Latur-Beed Local Authorities constituency was one of the said six 
constituencies. Under the notification of the Election Commission, the 
last date for the withdrawal of the candidatures was 28th September, 
E 
1987 and the poll, if necessary, was to be taken on the 18th October, 
1987 and the entire election process was to be completed within 21st 
October, 1987. 
Respondents 1 to 5 filed a writ petition in High Court challenging 
the validity of the notification issued by Election Commission on 18th 
F 
September 1987, on the ground that the notification was invalid because 
the Zilla Parishad of Osmanabad and Latur districts which were within 
the constituency had not been constituted and the Administrators were 
appointed to run the said Zilla Parishads and, therefore, the members 
of the Zilla Parishads who were entitled to take part in the said elections 
had been deprived of their right to participate in the said election. 
G 
Along with the writ petition, an application was made praying for the 
postponement of the last date of withdrawal of the candidates from 28th 
September, 1987 to 1st October, 1987. A Single Judge of the High Court 
passed an order on September 26, 1987, issuing notice on the writ 
petition and passing an interim order ex-parte directing the postpone-
ment of last date of withdrawal of the candidatures from 28th Septem-
H her, 1987 to October 1, 1987. On October 1, 1987, a Division Bench of 
878 
y 
ELECTION COMMISSION OF INDIA v. SHIV AJI 
879 
,.,. 
the High Court dismissed the .writ petition. The High Court did not take A 
any observation as to the effect of the iuterim order passed by it earlier 
on the election programme. 
18 CandidatC'! withdrew their candidature by 1st October, 1987, 
the last date for withdrawal of candidatures as per the interim order 
passed by the High Court. In the circumstances, the Election Commis-
B 
r 
sion postponed the date of poll from 18th October, 1987 (as originally 
notilied) to 18th November, 1987, in compliance with the spirit underly- -
ing section 30(d) of the Act, which contemplated an interval of 20 days 
between the last date for withdrawal of candidatures and the date of 
poll and notified the change of the date of poll in the Official Gazette. It 
)~ 
also notified 4th November, 1987 as the date before which the election c 
had to be completed instead of 21st October, 1987, originally rixed. 
On 16-10-1987, the respondents 1 to 5 filed a review petition 
before the High Court, seeking a direction that the election programme 
might be renotified on the ground that clear 20 days' interval was not 
there between the last date of withdrawal of candidatures and the date D 
of poll originally rixed, viz. 18th October, 1987. The High Court on 
16th October 1987, passed an order adjourning the case to October 26, 
1987 and staying the election fixed for the 18th October, 1987 till it 
--( 
passed further order on 26th October 1987, even though it was brought 
to the notice of the High Court that the Election Commission had on 
16.10.1987 already postponed the date of poll from 18th October, 1987 E 
to 1st November, 1987. Aggrieved by the interim order in the writ 
petition postponing the last date of withdrawal of the candidatures from 
,-
28th September, 1987, to October 1, 1987 and by the interim order 
passed on October 16, 1987 in the Review Petition, the Election Com-
mission appealed to this Court for relief by special le3ve. 
r 
Allowing the appeal, the Court, 
F 
HELD: A dispute regarding election to the L

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