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Mumbai: Pawar submitted in his petition that several municipal corporations, municipal councils and zilla parishads in Maharashtra were run by administrators instead of elected representatives for over 2 years and that it was MSEC’s duty to initiate elections.
He further contended that Section 124A could be invoked against a constitutional authority.
The Bench was not convinced with the submissions and expressed its surprise at the approach by Pawar of seeking a prayer of registration of FIR under section 124A against MSEC.
The bench added that assuming there were other grounds for Pawar to move the court, it ought not have been in the nature of present 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.
