ANIL DATTATRAY PARAB Vs. ELECTION COMMISSIONER

JUDGEMENT

(1.) Elec-tion Commissioner of India files this appli-cation seeking permission to declare election to the Maharashtra Legislative Council by the members of Maharashtra Legislative Assem-bly for the seat that has fallen vacant in view of resignation of respondent No. 4, Shri Sanjay Satishchandra Dutt.

(2.) By the notification dated 11th March 2011, the Principal Secretary, Maharashtra Legislative Council declared that the seat of Shri Sanjay Satishchandra Dutt falling va-cant w.e.f. 11th March 2011. on account of his resignation from the seat. Apparently, Shri Dutt has resigned to facilitate the election of Shri. Prithviraj Chavan, the Hon'ble Chief Minister of Maharashtra to Maharashtra Legislative Council in order to fulfill the requirement of Clause (4) of Article 164 of the Constitution of India. On a querry made by the Court about the requirement for Election Commissioner to seek permis-sion of the Court for declaring election to the post falling vacant on account of resignation, Mr. Rajagopal, the learned Counsel for the Election Commissioner submits that this ap-plication has been filed only by way of abun-dant precaution.

(3.) The application, apart from setting out the urgent need to fulfil the mandate of Article 164(4) of the Constitution of India by the Hon'ble the Chief Minister, states that the election to the Seat vacated by Mr. Dutt does not prejudicially affect the petitioner even in respect of the relief of declaration of his own election to Maharashtra Legislative Council. It has been contended that three of the can-didates elected i.e. Chaudhari Dipti Ashok, Sanjay Satishchandra Dutt and Naik Nimbalkar Ramraje Pratapsinh i.e. respond-ents No. 3, 4 and 6 to the petition would be completely unaffected by the outcome of the petition. Even if the petitioner succeeds in getting all the reliefs sought in the petition, he cannot replace the above three persons.