Bombay High Court
DAJIRAM GOVIND KATAREversusTHE ELECTION COMMISSION OF INDIA THR THE CHIEF ELECTION COMMISSIONER AND ORS
- Decided
- Disposal
- Dismissed
Holding
The High Court held that it has no power to direct a change in the election date fixed by the State Election Commission, as such interference would amount to postponement of an imminent election.
Summary
The petitioner, Dajiram Govind Katare, filed a public interest litigation seeking to shift the scheduled election date from 5 February 2026 to 6 February 2026, citing past precedents where election dates were moved to avoid clashes with local festivities. The petitioner relied on the Supreme Court decision in Rahul Wagh v. State of Maharashtra to support the request. The respondents, including the Election Commission of India and various district collectors, opposed the shift, arguing that the State Election Commission has exclusive statutory and constitutional authority to fix election dates. The Court noted that judicial interference in changing election dates would amount to obstruction and delay of the electoral process, referencing the Supreme Court’s ruling in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman. Consequently, the High Court dismissed the PIL, holding that it lacks jurisdiction to order a postponement of an imminent election.
Issues considered
- Whether a High Court can issue a direction to shift the date of an election fixed by the State Election Commission.
- Whether the petitioner’s reliance on prior Supreme Court judgments justifies judicial intervention in the election schedule.
Subjects
- election date
- public interest litigation
- judicial interference
- election law
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.10 OF 2026
[ PUBLIC INTEREST LITIGATION (STAMP) NO.2598 OF 2026 ]
Dajiram Govind Katare, ]
R/o. Katarewadi, Ghanand, ]
Tal. Atpadi, Dist. Sangli ] .. Petitioner
Versus
1. The Election Commission of India, ]
New Delhi ]
2. The State Election Commission, ]
Maharashtra ]
3. The State of Maharashtra, ]
Through Rural Development and ]
Panchayat Raj Department, Mumbai ]
4. The District Collector, Sangli ]
5. The District Collector, Satara ]
6. The District Collector, Solapur ]
7. The District Collector, Pune ]
8. The District Collector, Kolhapur ] .. Respondents
Mr. Manish Kelkar, Advocate for the Petitioner.
Mr. Sachindra B. Shetye with Mr. Akshay Pansare, Advocates for
Respondent No.2.
Mrs. Neha S. Bhide, Government Pleader with Mr. O.A.
Chandurkar, Additional Government Pleader and Mrs. G.R.
Raghuwanshi, Assistant Government Pleader for Respondent
Nos.3 to 8.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 28TH JANUARY 2026.
P.C. :
Not on Board. Upon mentioning, taken on Production Board.
2. Through this Public Interest Litigation, the petitioner seeks a
direction for shifting the date of elections from 5 th February 2026
to 6th February 2026.
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501-PIL(ST)-2598-2026.doc Dixit
3. The learned counsel for the petitioner states that there have
been past precedents where the date of election has been shifted
to accommodate the local people on account of festivities falling on
the date of election. In support of his submissions, the learned
counsel for the petitioner relied upon the judgment rendered by
the Hon’ble Supreme Court in “Rahul Wagh v. State of
Maharashtra”1.
4. In the election matters, the dates for election procedure and
the date of election are fixed by the State Election Commission in
exercise of the statutory and constitutional powers. The writ Court
has no powers to issue a direction for shifting of date of election
which shall amount to obstructing and delaying the scheduled
election to be held at a fixed date. It is settled law, as held by the
Hon’ble Supreme Court in “Lakshmi Charan Sen v. A.K.M. Hassan
Uzzaman”2 that High Court should not pass any orders, interim or
otherwise, which has tendency or effect of postponing an election,
which are imminent.
5. Public Interest Litigation No.10 of 2026 is dismissed.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
1 Special Leave Petition (Civil) No.19756 of 2021
2 (1985) 4 SCC 689
Digitally signed 2/2
SNEHA by SNEHA
ABHAY DIXIT
ABHAY Date:
2026.02.06
501-PIL(ST)-2598-2026.doc Dixit
DIXIT 18:06:38
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