Bombay High Court: In the writ petitions challenging the State Election Commission’s actions in deferring elections of certain Municipal Councils and Nagar Panchayats in Maharashtra and issuing a new schedule from the stage of withdrawal of nomination till declaration of result, a Division Bench of Anil S. Kilor and Rajnish R. Vyas, JJ., directed the State Election Commission not to carry out counting or publish the result on 03-12-2025 for polls held on 02-12-2025.
In the instant matter, the elections for all Municipal Councils and Nagar Panchayats across the State were scheduled to be held on 02-12-2025 under a common election program. However, the State Election Commission decided to postpone elections in areas where appeals were filed against acceptance or rejection of nomination papers to provide three days’ time for withdrawal of nomination after the decision on appeal.
A communication from the Deputy Secretary, State Election Commission revealed that, polling for the deferred bodies would take place on 20-12-2025 and counting and declaration for these would occur on 21-12-2025. But the State Election Commission intended to declare results on 03-12-2025 for the bodies where polling remained on 02-12-2025.
The petitioners contended that early declaration of results on 03-12-2025 would influence public opinion and affect the fairness and transparency of elections scheduled later on 20-12-2025. However, the State Election Commission justified the deferment based on the need to accommodate appeals relating to nomination papers.
The Court examined the State Election Commission’s intention to declare results early and noted that such early declaration “may materially affect the results of the polls to be held on 20.12.2025.” The Court asserted that if the public mood regarding election is disclosed prematurely, it “cannot be said that the elections to be held on 20.12.2025 are held in fair and transparent manner.”
The Court held the State Election Commission’s decision to declare results in two phases is “not just and proper and needs to be interfered with for fair and transparent election.” The Court issued the following directions —
-
No early counting or declaration of results
The Court directed the State Election Commission not to carry out counting or publish the result on 03-12-2025 for polls held on 02-12-2025. The counting and results for these polls shall be declared along with the counting and results for polls scheduled on 20-12-2025.
-
Prohibition on exit polls
No person shall publish or publicise any exit poll results by print, electronic, or any other media from the commencement of polling on 02-12-2025 till half an hour after the close of polls on 20-12-2025.
-
The Model Code of Conduct shall continue to apply till declaration of results.
-
Listed the matter for further consideration on 10-12-2025 and directed the State Election Commission to file its response.
[Shakil Hamid Mansuri v. State of Maharashtra, WRIT PETITION NO. 7508 OF 2025, Decided on 02-12-2025]
Advocates who appeared in this case:
Mr. H.S. Chitaley with Mr. Vedant H. Pandey, Mr. Abhinav Saxena with Mr. A.M. Quazi and Mr. M. Anilkumar with Mr. Yash Kullarwar, Ms. Disha C. Kamwan, Counsel for the Petitioners
Mr. A.M. Kukday, Counsel for the State Election Commission
Mr. K.P. Marpakwar, AGP, Counsel for the Respondent/State