Maruti Mura Vagare v. Mahadev Dhanu Dudhal And ORS.

osk 13-wp-3820-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3820 OF 2017 Maruti Mura Vagare ...

Petitioner V/s.

Mahadev Dhanu Dudhal & Ors.

...

Respondents • Mr.Maruti Mura Vagare, Petitioner-in-person.

• Ms.R.A. Salunkhe, AGP for Respondent No.3.

• Mr.S.B. Shetye for Respondent No.4.

CORAM : NARESH H. PATIL & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 2nd MAY, 2017.

P.C. :

1] Mr.Maruti Mura Vagare, Petitioner-in-person, submits that he could not fill the 'Nomination Papers' in the recently concluded election of 'Zilla Parishad' as the 'Internet' was not responding, when he tried to fill the 'Nomination Papers'. The Petitioner had approached this Court earlier and filed Writ Petition (St) No.4116 of 2017, which was decided on 14th February, 2017. 2] Learned counsel appearing for the Corporation submits that the Election Commission is already looking into this area of the 1/2

osk 13-wp-3820-2017.odt grievance, which is made by persons, who could not submit the 'Nomination Papers' due to error in the Internet facility on the prescribed date. Learned counsel for the Corporation further submits that this Petition is not to be entertained as there is an alternate statutory remedy available to the Petitioner, if he desires to challenge the elected candidate.

3] We have perused the Petition and considered the submissions.

4] In case, the Petitioner desires to challenge against elected candidate, then statutory remedy is prescribed for the same. Petitioner may resort to the same as permissible in law. In the facts no further interference is warranted.

5] Writ Petition is disposed of.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.] 2/2