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Bombay High CourtWP/752/2021disposed off

Dattatray Govind Khandekar v. The State Election Commission And ORS

2021-03-15Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Milind N. Jadhav2 pages

by Kanchan P.

Dhuri Date:

2021.03.17 19:29:40 +0530 Kanchan P. Dhuri 26c. civil wp 752-21.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 752 OF 2021 Dattatray Govind KHandekar .. Petitioner Vs State Election Commission & Ors.

.. Respondents ...................

 Mr. M.A. Patil i/by Mr. B.A. Lawate for the Petitioner  Mr. S.B. Shetty a/w Ms. Priyanka Chavan for Respondent No. 1 - State Election Commission  Mr. P.G. Sawant, AGP for the State  Mr. Sandesh More a/w Mr. Hemant Ghadigaonkar and Mr. Hintendra Gandhi for the Intervenor CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : MARCH 15, 2021.

P.C.:

1.

By the above Writ Petition, the Petitioner inter-alia seeks the following reliefs :

"(b) This Hon'ble Court be pleased to issue the Writ of Mandamus or Certiorari or any other appropriate Writ / direction / order in the nature of Writ of Mandamus or Certiorari under Article 226 of the Constitution of India, 1950.

(i) To quash and set aside the impugned lottery reservation dated 22 nd February, 2021 of the post of Sarpanch of the Grampanchyat Hanmangaon, Taluka Sangola (in Exhibit-C of this Writ Petition) passed by the Respondent No. 3 - Ld. Tahasildar, Taluka - Sangola, District - Solapur and further direct to maintain reservation dated 27 th January, 2021 (Exhibit-B of this Writ Petition) (ii) Direct the Respondent Nos. 2 and 3 that reservation for the post of

26c. civil wp 752-21.doc Sarpanch of Grampanchyat Hanmangaon, Taluka - Sangola, District - Solapur falls in general category."

2. Learned Advocate appearing for the Tehsildar as well as the Collector states that the 'reservation declaration' issued by Tehsildar is not final, and the same is forwarded to the Collector, for his Approval. The Collector has not granted his approval till date.

3. In view of the above, the reliefs sought in the Writ Petition are prematured.

4. The Collector shall consider the order of Tehsildar and pass necessary order within a period of two weeks from today.

5. In view of the above, the Writ Petition is disposed of. [ MILIND N. JADHAV, J. ] [ S.J. KATHAWALLA, J. ]