Shri. Amarsiha Balaso Patil v. State Of Maharashtra And ORS.

wp-3784.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3784 OF 2016 Amarsiha Balaso Patil : Petitioner.

Versus

State of Maharashtra and ors.

: Respondents.

Mr. Tanaji Mhatugade for the Petitioner.

Mrs.S S Bhende, AGP for the Respondent Nos.1 and 2. CORAM :

R. M. SAVANT, J.

DATE :

2nd April 2016 P.C.

The above Petition has been directed against the wrongful acceptance of the nominations of the Respondent Nos.4 to 8. It is the case of the Petitioner that the said Respondents were defaulters and were therefore disqualified from contesting the elections. The learned counsel for the Petitioner seeks to place reliance on the judgment of a learned Single Judge of this Court reported in 2011(3) Bom. C.R. 812 in the matter of Manchak Shahaji Pawar v/s. State of Maharashtra and ors. In my view, since the grievance in the above Petition is as regards the wrongful acceptance of the nominations, there is no warrant to interdict with the impugned order in the writ jurisdiction of this Court, however, the Petitioner is at liberty to adopt appropriate remedy after the elections are over, if the occasion so arises. With the liberty as aforesaid, the above Petition is disposed of.

[R.M.SAVANT, J] lgc