The Bombay High Court recently dismissed a petition calling for the Maharashtra State Election Commission (MSEC) to be charged with sedition for failing to hold local body elections in the state on time.
A division bench of Justice GS Kulkarni and Justice RN Laddha said that since the Apex Court had directed the Central and State governments not to invoke Section 124A (sedition) of the Indian Penal Code, there was no way such a provision could be invoked.
In light of this, the plea of one Rohan Pawar, who sought to invoke Section 124A, was dismissed.
“In our clear opinion, from a holistic reading of the order, the Supreme Court has clearly observed that state and central government may refrain from investigation or coercive measure under section 124A, it was well advised for Pawar to wait for the final decree in the plea before Supreme Court. The prayer for invoking offence is untenable. The present petition from any angle is totally misconceived and required to be rejected and dismissed,” the order reads.
Pawar claimed in his petition that for more than two years, several municipal corporations, municipal councils, and zilla parishads in Maharashtra were run by administrators rather than elected representatives, and that it was the MSEC’s responsibility to initiate elections.
He also claimed that Section 124A could be used to challenge a constitutional authority.
The Bench was unconvinced by the submissions and expressed surprise at Pawar’s approach of requesting the registration of a FIR under Section 124A against MSEC.
The bench also stated that even if Pawar had other reasons to petition the court, it should not have been in the nature of the current proceedings.
“A bonafide litigant would have simplicitor given a prayer for relief of mandamus (directions). This apart, Pawar is well aware that issue with regards to elections is pending before Supreme Court so it is untenable in law,” the bench held.
