Farukh Yasin Sayyed (Inamdar) v. Sanjay Gulab Ghule And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1914 OF 2017

1. Farukh Yasin Sayyed (Inamdar) .. Petitioner Vs.

1. Shri Sanjay Gulab Ghule and ors.

.. Respondents Mr. S. A. Tarale for petitioner.

Mr. R. S. Apte with Mr. S. C. Wahankar for respondent no.1. Ms. Dhanshree Mondkar i/by Mr. S. B. Shetye for respondent no.2. Mr. Abhijeet Kulkarni for respondent nos.3 and 4. CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

FEBRUARY 10, 2017.

P.C.

1.

Petitioner challenges acceptance of nomination paper of respondent no.1. According to the petitioner, respondent no.1 did not submit No Dues Certificate at the time of filing nomination paper, but he seems to have submitted the certificate after the objection was taken. Learned counsel for the petitioner submits that respondent no.1 paid the dues on 4/2/2017 after concluding the arguments.

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The Returning Officer has passed a reason order while dealing with the objection and accepting the nomination paper. We have heard the learned Senior Counsel appearing for respondent no.1. 3.

The election process is set in motion. The petitioner has alternate statutory remedy after the election results are declared. We refer to the provisions of Article 243ZG of the Constitution of India and Section 16 of the Maharashtra Municipal Corporation Act, 1949. 4.

Petition is dismissed.

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