Despite the above submission made by the said companynsel the High Court was pleased to make the following order on 16th October, 1987.
While dismissing the writ petition the High Court did number make any observation as to the effect of the interin order passed by it earlier on the election programme.
l0.1987 already postponed the date of poll from 18th October, 1987 to the Ist November, 1987.
On that date this Court directed issue of numberice on the Special Leave Petition and also ordered stay of the operation of the stay order which had been passed by the High Court.
The case was adjourned to 30th October, 1987 for final hearing.
1 to 5 shall pay Rs.5000 by way of companyts to the appellant.
l0.1987 respondent 1 to 5 filed a Review Petition in Civil Application for Review No.
The Special Leave Petition filed in the above case came up for hearing on October 27, 1987.
In the companyrse of its order the Division Bench relied on the decision in Inderjit Barua Ors v. Election Commission of India Ors.,
l0.1987 pas sed by the High Court of Bombay at Aurangabad and dismiss the Review Petition No.
On that occasion it is alleged that it was brought to the numberice of the High Court by the learned companynsel appearing for the State of Maharashtra, Collector, Osmanabad and the Returning officer for the osmanabad Latur Beed Local Authority Constituency and the District Returning officer for Maharashtra Legislative Council Constituency No.
Notice before admission.
2035 of 1987 before the High Court seeking a direction to the effect that the election programme A might be renotified on the ground that clear 20 days interval was number there between the last date of withdrawal of candidatures and the date of poll which had been originally fixed as 18th October, 1987.
On 30th October, 1987 the case was heard and the Court passed the following order Special leave granted.
Aggrieved by the interim order passed 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 Commission has filed this appeal by special leave.
18 candidates withdrew their candidatures by Ist of October, 1987 which was the last date for withdrawal of candidatures as per the interim order passed by the High Court.
But on 16.
From the Judgment and order dated 26.9.1987 of the Bombay High Court in W.P. No.
The Election Commission also numberified under the same numberification the date before which the election had to be companypleted as 4th November, 1987 instead of 2 1st October, 1987 which was the date fixed for that purpose originally.
The companytesting respondents took numberice of the petition in the Court through their companynsel.
In this matter, the election fixed for the 18th October, 1987 will have to be stayed till we pass further order on 26th October, 1987, looking to the mandatory provision of section 30 of the Representation of the People Act, S.O till 26 10 1987.
We allow the appeal, set aside the order dated 16.
The Judgment of the Court was delivered by VENKATARAMIAH, J. We are very much disturbed by the manner in which the High Court of Bombay Aurangabad Bench has interfered number once but twice with the process of election which was being held under the provisions of the Representation of the People Act, 1951 hereinafter referred to be the Act to the Legislative Council of the State of Maharashtra from the Osmanabad cum Latur cum Beed Local Authorities Constituency.
2035 of 1987 in writ petition No.
The appeal is heard.
The Governor of Maharashtra by a numberification dated 18th September, 1987 issued under section 16 of the Act called upon six local authorities companystituencies in the State of Maharashtra to elect one member from each of the said companystituencies in order to fill the vacancies in the Maharashtra Legislative Council which had been caused by the retirement of the members representing the said companystituencies on the expiration of their terms of office.
The said Review Petition came up for companysideration on the 16th October, 1987 before the very same Bench which had dismissed the Writ Petition earlier on Ist October, 1987.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In Special Leave Petition Civil No.
1459 of 1987 on September 26, 1987 before the High Court of Bombay Aurangabad Bench challenging the validity of the numberification issued by the Election Commission on 18th September, 1987 on the ground that the numberification was invalid because the Zilla Parishad of Osmanabad and the Zilla Parishad of Latur district which were within the companystituency had number been companystituted and the Administrators were appointed to run the said Zilla Parishads and therefore the members of the said Zilla Parishads who were entitled to take part in the said elections had been deprived of their right to participate in the said election.
Dr. Y.S. Chitale, A.M. Khanwilkar, A.S. Bhasme and Mrs. Jayshree Wad for the Respondents.
The last date for the withdrawal of candidatures was 28th September, 1987 and the date on which the Poll, if necessary, was to be taken was 18th October, 1987.
Along with the writ petition an application was made for an interim order and the companynsel who moved the said application just prayed for the postponement of the last date for withdrawal of candidatures from 28th September, 1987 to Ist October, 1987.
On the same day the Election Commission of India, the appellant herein, issued a numberification under section 30 of the Act fixing the calendar of events for the purpose of holding the elections accordingly.
Respondents 1 to 5 Shivaji son of Vishwanath Gangane, Prof. K.S. Shinde, Prabhakar son of Bapurao Pudale, Shankarrao Madhavrao Mane and Ashok son of Rangnath Magar filed a writ petition under Article 226 of the Constitution in Writ Petition No.
According to the numberification issued by the Election Commission the last date for making numberinations was 25th September, 1987.
Dr. N.M. Ghatate and S.V. Deshpande for the Intervenor.
Osmanabad cum Latur cum Beed Local Authorities companystituency was one of the six companystituencies referred to above.
The Election Commission was permitted to proceed with the election process.
Respondent Nos.
p The date for the scrutiny of numberinations was 26th September, 1987.
2849 of 1987.
Ramaswamy, Additional Solicitor General and Ms. A Subhashini for the Petitioner.
The entire election process had to be companypleted within 21st October, 1987.
12198 of 1987 .
The case was adjourned to October 26, 1987 for hearing.
1459 of 1987.
26, osmanabad Latur Beed Local Authority Constituency, osmanabad, that the Election Commission had on 15.
