Yuvraj Tryambak Gadad And ANR v. Returning Officer, Agricultural Produce Marketing Committee And ORS

18. wp 1593.16.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1593 OF 2016 Yuvraj Tryambak Gadad and another .. Petitioners Vs.

Returning Officer, Agricultural Produce Marketing Committee Malegaon, District Nashik and others .. Respondents Mr.Ravi Kadam, Senior Counsel i/b Mr.S.S.Patwardhan, Advocate for the Petitioners.

Mrs. V. Nimbalkar, AGP for Respondent No.4.

CORAM :

M.S.SONAK, J.

DATED : 05th FEBRUARY, 2016 P.C. :

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Not on board. Upon production, taken on board. 2.

The challenge in this Petition is to the order dated 30/01/2016, by which, the nomination of respondent No.3 for election to respondent No.2- committee has been accepted. 3.

The election process is already underway. The actual poll is scheduled on 21/02/2016. The petitioners, have alternate and efficacious remedy by way of instituting an Election Petition. Therefore, there is no case made out to entertain the present Petition. However, the petitioners, if they choose, will have liberty to institute the Election Petition and raise all the contentions available 1/2

18. wp 1593.16.doc under law including the contentions raised in the present Petition. 4.

The Petition disposed of in the aforesaid terms. There shall be no order as to costs.

(M.S.SONAK, J.) 2/2