VISHWANATH SURESH KHADSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners herein are aggrieved by the decision of the respondents to conduct elections of Mayor and Deputy Mayor of Jalgaon Municipal Corporation, online.

(2.) Learned Senior Advocate Mr. Dhorde, learned Senior Advocate Mr. Sapkal and learned Senior Advocate Mr. Deshmukh for the petitioners in respective writ petitions strenuously contend that holding of elections for the posts of Mayor and Deputy Mayor of the Jalgaon Municipal Corporation online wold not be in tune with the purity of election. The Bombay Provincial Municipal Corporations (Conduct of Elections to the Office of Mayor and Deputy Mayor) Rules, 2005 ( for short ' the Rules of 2005') would not permit conduct of online elections. The learned Senior Advocates referred to the Communication/Circular dated 21.12.2020 to submit that the Government has permitted physical conduct of meetings of the Municipal Corporations and its Committees by maintaining social distancing. It is further submitted by the learned Senior Advocates that elections for the posts of Mayor and Deputy Mayor for the Pune Municipal Corporation and the Municipal Corporation, Nagpur were held physically in the months of November/December, 2020. There is no reason in not holding the special meeting of the Municipal Corporation physically for electing Mayor and Deputy Mayor of the Jalgaon Municipal Corporation. According to them, it is with an oblique motive, the decision is taken to hold the elections online. It is submitted that BJ.P. has a strength of 57 members, Shivsena has 15 members and MIM has 3 members out of the total 75 members. It is further contended by the learned Senior Advocates that Shivsena, being ruling party, has played mischief and thereby taken away 22 Municipal Councilors belonging to B.J.P. at unknown place and by doing this, the ruling party has directed respondent Nos. 3 to 5 to hold the elections through video conferencing so that their illegitimate goal can be achieved. There is no circular or directions in existence to hold elections of the Mayor and Deputy Mayor through video conferencing.

(3.) According to the learned Senior Advocates, as per the Rules of 2005, physical presence is required for filling in the nomination and withdrawal of the nomination. Voting has to take place by show of hands. It is only for the purpose that Municipal Councilors of B.J.P. should not remain physically present and that they can be pressurized from the unknown place, the present modus operandi has been adopted.