The Supreme Court on Monday issued a notice on a plea filed by former members of the Palghar Zilla Parishad seeking directions against the validity of the letter issued by the Maharashtra State Election Commission and consequential order by which Collector Cum District Magistrate cancelled their membership in the Palghar Zilla Parishad.
A two-judge bench headed by Justices A.M. Khanwilkar and Dinesh Maheshwari issued notice on the petition filed by Naresh Waman Aakre, Akshata Rajesh Choudhari, Anushka Arun Thakare & Rohini Rohidas Shelar, which sought directions against the State of Maharashtra, Maharashtra State Election Commission and The Collector.
The present writ petition has been filed under the provisions of Article 32 of the Constitution of India, thereby invoking the extraordinary original jurisdiction of the Apex Court.
By the present petition, the Petitioners are challenging the validity of the letter issued by the State Election Commission, Maharashtra to the Collector, Palghar District, and the consequential order passed by the Collector cancelling the membership of the Petitioners in the Palghar Zilla Parishad with retrospective effect.
The Petitioners have been elected as members of the Palghar Zilla Parishad in the elections held on 07.01.2020. All the Petitioners have been elected on seats reserved for OBCS. The seats on which the Petitioners have been elected are reserved in pursuance of the Section 12(1) (c) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961.
The Petitioners found out that certain Petitions and its connected Petitions were filed before this Hon’ble Court challenging the constitutional validity of the Section 12 (1) (c) of the aforementioned Act. The Supreme Court has upheld the validity of the aforementioned provision but has directed the State Election Commission to cancel the election of all local bodies which have been conducted on the basis of the reservation provided under the aforesaid provision in excess of 50%.
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The Petitioners have filed Review Petition against the aforementioned order of this Honorable Court. Except for the direction issued in the aforementioned decision neither the State Election Commission nor the Collector has any authority to summarily cancel the elections of the Petitioners.
The petitioner most humbly submitted that even the aforementioned decision of this Hon’ble Court is per incuriamfor want of effective assistance in pointing out the relevant statutory provision which would have guided this Hon’ble court in understanding the policy underlying the aforementioned statute.