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Court criticizes Maharashtra election authority’s choice to delay local body elections.  ​ 

​**Maharashtra High Court Criticizes SEC for Postponing Local Elections**

The Aurangabad Bench of the Bombay High Court has issued a stern rebuke to the Maharashtra State Election Commission (SEC) for its decision to postpone elections in 24 wards of 288 local bodies that were originally scheduled for December 2. In a ruling delivered on Tuesday, Justices Vibha Kankanwadi and Hiten Venegaonkar expressed their disapproval of the SEC’s last-minute actions, which they deemed indicative of a significant lack of administrative foresight and constitutional duty.

The court has mandated that the counting and announcement of results for the remaining 264 local bodies be postponed until December 21, following the elections in the 24 affected wards, which are now set to take place on December 20. The judges criticized the SEC for its abrupt decision, stating that it undermines the integrity of the electoral process and reflects poorly on the Commission’s planning capabilities.

“The Commission’s conduct in issuing them at the last minute is formally condemned as lacking in administrative foresight and constitutional responsibility,” the bench remarked. They emphasized that the election process is governed by predictable statutory frameworks and should not be treated as unforeseen emergencies. The judges pointed out that the SEC could have better coordinated the election schedule to prevent conflicts with appellate timelines and withdrawal dates, and its failure to do so constitutes avoidable administrative impropriety.

Furthermore, the court highlighted the inconsistency in the SEC’s decision to postpone elections in select constituencies within a ward. “Logic and fairness require that if the election in one constituency of a ward is postponed, elections in all constituencies of that ward should also be deferred,” the bench stated, criticizing the lack of a uniform approach.

The judges also condemned the SEC for invoking its powers at a late stage in response to predictable issues, such as appellate decisions regarding nomination disputes. While the court refrained from nullifying the postponement orders due to the advanced stage of the electoral process, it characterized the late exercise of authority as improper and deserving of strong censure.

In light of these events, the bench advised the SEC to ensure that future elections within a ward are synchronized. “Henceforth, the Commission ought to ensure that if an election in one constituency of a ward is postponed, the elections in the remaining constituencies of that ward are also aligned so that the poll remains a coherent exercise,” the judges concluded.

This ruling underscores the importance of effective planning and accountability within electoral bodies, ensuring that the democratic process is upheld without unnecessary disruptions.

**FAQ**

**Q: Why did the Bombay High Court criticize the Maharashtra SEC?**
A: The court condemned the SEC for its last-minute decision to postpone elections in certain wards, citing a lack of administrative foresight and inconsistency in handling the electoral process. 

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