Sanjay Sakharam Kadam And ANR. v. The State Of Maharashtra, Through Its Principal Secretary And ORS.

hcs 74.w4680.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4680 OF 2018 Sanjay Sakharam Kadam & Anr.

...

Petitioners.

V/s.

The State of Maharashtra & Ors.

...

Respondents.

Mr.Arvind Aswani I/B J.G. Reddy for the Petitioners. Mr.Y.S.Khochare AGP for Respondent Nos.1 to 5. Mr.S.S.Kanetkar for Respondent No.6.

CORAM : B. P. DHARMADHIKARI S. S. JADHAV, JJ.

DATE : 7TH NOVEMBER, 2019.

P.C.:

1] Heard.

2] The facts show that the petitioners belong to Kunbi Caste (OBC) and have contested election but not against Respondent No.6.

3] In the situation in the light of judgment of Hon'ble Apex Court in the case of Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra and Ors. 2013 (4) SCC 465 and order passed in Writ Petition No.580 of 2019 dated 10th October, 2019 in which the present petitioner No.2 was petitioner, it is apparent that such grievance cannot be raised by the petitioner. We, however, keep contentions open and dispose of the petition.

(S.S. JADHAV, J.) (B. P. DHARMADHIKARI, J.) 1/1