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Bombay High CourtWP/447/2017disposed off

Bajirao Sakharam Desai v. State Of Maharashtra Through The Secretary And ORS.

2017-01-17Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Shantanu S. Kemkar1 pages

rsk 1 22-WP-447-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.447 OF 2017 Bajirao Sakharam Desai

...Petitioner

vs.

State of Maharashtra through the Secretary and Ors.

...Respondents

Mr. S. P. Thorat for the Petitioner.

Ms. Dhanashree Mondkar i/b Mr. S. B. Shetye for Respondent No.2. Ms. R. A. Salunkhe, AGP for the State.

CORAM :NARESH H. PATIL AND M. S. KARNIK, JJ.

DATE : 17/01/2017.

P.C.:

.

The Petitioner's contention is that his wife had undergone operation on 28/4/2001. Prior to the said date, the Petitioner had two children. It is submitted that son was born to the Petitioner on 20/11/2011 due to which the Petitioner was disqualified to contest the election as third child of the Petitioner was born after the cut of date. 2.

Learned counsel for the Petitioner suggests bringing suitable legislation to cover such cases like the present one. 3.

In the facts of the case, we are not inclined to issue any such directions.

4.

The petition is disposed of.

(M. S. KARNIK, J.) (NARESH H. PATIL, J.)