After a judge retires, the work they’ve done often follows them. Some memories bring pride, while others might be a little haunting. One of my most memorable experiences as a judge came after my transfer to Satara as the head of the Adhoc District Court. There, I faced an Election Petition that had been pending for nearly four years. The petitioner’s advocate insisted on an expedited hearing, and I agreed, determined to address the matter swiftly.
On my first day in charge, I instructed that a requisition be sent for the ballot box from the Returning Officer, under the condition that, upon verification of the votes, the petitioner’s evidence would be presented. The petitioner’s case was serious: they alleged that votes from 11 deceased individuals had been cast in favor of the respondent, who had won by a narrow margin of just four votes.
The first step was to verify the Voter’s List. The petitioner had collected death certificates for the 11 deceased voters, spanning from Satara, Pune, Surat, and beyond. These individuals had passed away 15-20 years earlier but were still listed as active voters. It took only about 10 minutes to verify the list, and to the petitioner’s dismay, no ticks were marked next to their names. No votes had been cast in their favor.
With that, the case was quickly dismissed, and a No Evidence purshis was filed by both parties. Both the petitioner and the respondent’s advocates left the matter to my discretion for final disposal. I made the decision to dismiss the petition with a significant cost of ₹25,000, payable to the District Legal Aid.
Why the heavy costs? The petitioner had been an elected vice president for five years, followed by another five-year term as a member. When his third consecutive election attempt failed, he tried to manipulate the system. This decision served a dual purpose: to preserve the records for four years and to teach the lesson that, in a democracy, one must graciously accept defeat.
This case, among many others, shaped my time in Satara and helped me navigate my tenure smoothly. It was a reminder of the importance of fairness, democracy, and the value of upholding justice.
I M Bohari, Retired Principal Judge, Family Court, Nagpur & Retired Member, MERC
Author Profile
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B A, LL B
Practised at Shahada, Dist Dhule (Now : Nandurbar) June 1985 to July 1990.
Appointed as a JMFC and CJ JD on 16.8.1990 at Wardha.
Thereafter transferred to Hinganghat, Gangapur, Mallapur, Nandura, Dahanu.
CJ SD Palghar
Adhoc D and S Judge Pune, Nagpur, Satara
City Civil Judge Mumbai
Family Court Judge Mumbai
Principal Family Court Judge Nagpur
Retired on superannuation on 31.5.2018
Appointed as a Member, Mah Electricity Regulatory Commission from 6.6.2018 to 31.5.2023
Thoroughly enjoyed Mediation Work in Family Courts at Mumbai, Nagpur.
Now camping at Dallas, Austin in Texas.
