Mr. Sandeep Ramesh Bhandare v. Election Commission Of India And ANR.
PIL. 80-16 VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 80 OF 2016 Sandeep Ramesh Bhandare ...
Petitioner Vs.
Election Commission of India & Anr.
...
Respondents *** Mr. Ramesh Dube Patil i/b Santo sh R. Vishwakarma, for the Petitioner.
None for the Respondents.
*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.
DATE : JUNE 13, 2016 PC.
1.
Heard the learned counsel appearing on behalf of the Petitioner. Petitioner, who claims to be a citizen of India, is seeking following reliefs:
"(a) That this Hon'ble Court be pleased to direct the Respondent No. 1 to look into the Representation dated 18.3.2016 [Exhibit (F)] to inquire into it and take appropriate action as per the provisions of the Representation of People Act, 1951.
(b) Ad-interim and interim reliefs in terms of prayer 1 / 2
PIL. 80-16 clause (a) above.
(c) Any other appropriate relief as the nature and circumstances of the case may require."
2.
Elections for Loksabha were held in 2014. The Petitioner made a representation to the Election Commission on 18.3.2016, and thereafter in April, 2016 he has filed the present PIL. First of all, there is a gross delay in filing this PIL, since more than 2 years have passed after Loksabha elections were held in 2014. Secondly, representation was made on 18th March, 2016 and immediately within a month present PIL is filed.
3.
The contention of the Petitioner is that Respondent No. 2 - Party has offered bribe to the people and it amounted to corrupt practice, which is contrary to and in violation of the Model of Code of Conduct.
4.
In our view, it is not possible to accept this PIL, firstly because there is a gross delay in filing this PIL; secondly, it would not be possible for this Court to go into these disputed question of facts. Hence, we are not inclined to entertain this PIL. PIL is, therefore, dismissed.
Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2