CHETAN CHANDRAKANT AHIRE Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed praying for very wide and peculiar reliefs inter alia challenging the entire election of the Maharashtra State Legislative Assembly held by the Election Commission of India (for short "the ECI"), on 20/11/2024, the results of which were declared on 24/11/2024. It is prayed that the elections on the grounds as urged in the petition be declared to be null and void. Apart from the prayers for a mandamus for certain disclosure of information by the ECI, there are prayers made in the writ petition inter alia for issuance of a writ of mandamus to declare the results of the elections of each Assembly Constituencies issued by the Returning Officers as null and void, for the alleged non-compliance of the established legal provisions, procedural lapses, and irregularities in the electoral process. There is also a prayer for a relief that a writ of mandamus be issued for immediate withdrawal of the certificates of election issued by the Returning Officers of each constituency, as such certifications lack legitimacy, on account of procedural violations and discrepancies in the conduct of elections. The canvass of the thirteen prayers as made in the petition needs to be noted, which read thus:-

(2.) Mr. Prakash Ambedkar, learned counsel for the petitioner has made extensive submissions. What we gather from such submissions is that, primarily the case of the petitioner is in regard to 6.80 % of the total number of votes (i.e. about 76 lakhs votes), which were cast from 06.00 p.m. till the end of voting, are illegal for the reason that for such votes, according to the petitioner, there is no data available with the ECI. The petitioner's case on such count is inter alia on the basis of a limited material, stated to be obtained from the ECI under the Right to Information Act, by one Mr. Venkatesh Nayak having his address at Kalusami, New Delhi. As submitted by Mr. Prakash Ambedkar, such RTI application was made by Mr. Venkatesh Nayak at the behest of the petitioner on 18/12/2024, seeking information from the Central Public Information Officer ("CPIO") of the ECI seeking the following information:-

(3.) It is the petitioner's case that to such RTI application, reply dtd. 6/11/2024 was received by Mr. Venkatesh Nayak from the CPIO-ECI, that such information was not available with the ECI. The RTI applicant however was not aggrieved by the said information so as to avail of an appellate remedy. Only on such information as received by Mr. Venkatesh Nayak under the RTI Act, the petitioner has contended that 76 Lakh votes were cast in or after 06.00 p.m. on the date of polling, which cannot be taken into consideration in declaring the results of all the elections in respect of any of the constituencies, for the reason that there was no data qua such votes available with the ECI. Hence, the only conclusion is that the entire exercise of the Election Commission in considering the 76 lakhs votes is wholly illegal and contrary to the procedure for a free and fair elections as set out in the Handbook for Returning Officer 2023 and more particularly referring to Clause 13.47 of the Handbook which prescribes the following:-