Shankar Nivrutti Navadkar, v. The State Of Maharashtra Through The Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2807 OF 2018 ...

Shankar Nivrutti Navadkar

...Petitioner

v/s.

The State of Maharashtra & ors.

...Respondents

...

Mr.Nitin P.Deshpnde for the Petitioner.

Ms.Jyoti P.Jadhav, AGP for the State.

Mr.Tanaji Mhatugade for the intervenor.

...

CORAM : A.A. SAYED & V.L.ACHLIYA, JJ.

DATED : 12 MARCH 2018 P.C.:

The Petitioner by this Petition filed under Article 226 of the Constitution has sought the following reliefs: "(a) this Hon'ble Court may, by way of appropriate writ, order or direction, direct the Respondents Nos.1 & 2 to order a probe through an independent agency under the supervision of this Hon'ble Court into the manner in which the votes were counted in the election of Yeshwantrao Mohite Krishna Sahakari Sakhar Karkhana Limited, Rethare Budruk, held on June 24, 2015; (b) this Hon'ble Court may direct the Respondent Nos.1 & 2 to initiate approrpaite action, both civil as well as criminal against those found responsible for the discrepancy in the declaration of results of Yeshwantrao Mohite Krishna Sahakari Sakhar Karkhana Limited, Rethare Budruk;"

Uday.P.Kambli 1/2

2/2 wp-2807-18.doc 2.

It is an admitted position that the Elections were declared as far back as on 25 June 2015. The present Petition is filed on 16 February 2018 and appears to be an afterthought. Even otherwise, the Petitioner has a remedy to challenge the Elections, where the grounds stated in the Petition can be taken. In the circumstances, we are not inclined to exercise the extraordinary writ jurisdiction to entertain the Writ Petition. Hence, the Writ Petition is dismissed. No costs.

(V.L.ACHLIYA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2