Mohan Jagannath Tupsaundarya v. The Election Officer And ORS.

6.wp 1656.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1656 OF 2017 Mohan Jagannath Tupsaundarya .. Petitioner Vs.

The Election Officer and ors.

.. Respondents Ms.Prasanna K.Shahane, for the Petitioner.

Mr.S.B.Shetye, for Respondent No.2.

Mr.Vikas Mali, AGP for State.

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

07th FEBRUARY, 2017 P.C. :

.

Not on board, mentioned and therefore, taken on board.

2.

The petitioner's nomination paper came to be rejected as he failed to submit receipt of his filing of application with Caste Scrutiny Committee for validation of his caste claim. Learned Counsel submits that the petitioner showed his willingness to submit his receipt on the date of scrutiny. He asked for some time on the same date which the Returning 1/2

6.wp 1656.17.doc Officer denied.

3.

Learned Counsel appearing for the State Election Commission - Mr.Shetye submits that along with nomination paper, it was mandatory for the petitioner to submit the said receipt which he failed to submit.

4.

In the facts, we are not inclined to interfere in the matter and exercise our writ jurisdiction. The election process is set in motion. However, petitioner may resort to appropriate statutory remedy after election results are declared. 5.

The Writ Petition is accordingly rejected.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 2/2