Sheetal Sanjay Bhamre And ORS v. Smt. Sumantai Dinanath Bagale And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3831 OF 2015 Smt. Sumantai Dinanath Bagale & ors.

... Petitioners.

Versus

Chief Executive Officer & ors.

... Respondents.

WITH CIVIL APPLICATION No. 996 OF 2015 IN WRIT PETITION NO. 3831 OF 2015 Smt. Sumantai Dinanath Bagale & ors.

... Petitioners.

Versus

Chief Executive Officer & ors.

... Respondents.

And Sheetal Sanjay Bhamre & ors.

... Applicants.

--- Mr. S.V. Sadavarte, Sr. Advocate a/w. Mr. Haridas R. Madhukar, advocate for petitioners.

Mr. A.I. Patel, AGP for respondent Nos. 2, 4, 5 and 6. Mr. S.S. Patwardhan, advocate for applicant APPW 996/15. Shri Valvi, Under Secretary, Sahakar Department, Mantralay, Mumbai.

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CORAM : B.R. GAVAI & A.S. GADKARI, JJ DATE : APRIL 15, 2015 P.C.:

The Petitioners approached this Court seeking direction against the respondent Nos. 5 and 6 to decide the revision application filed by the Petitioners expeditiously. It is the contention of the Petitioners that on account of statutory disqualification, a valuable right of the Petitioners to contest election is taken away. We do not find it appropriate to go into the merits of the case. Needless to state that either to vote or contest the election is neither a common law right nor a fundamental right, but purely statutory right. In any case, the learned AGP appearing for the State on instructions states that application for stay, as filed would be decided by the Revisional Authority within a period of two weeks from today. In that view of the matter, the Petition is disposed of on the statement made by the learned AGP.

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In view of the disposal of the Writ Petition, no orders are necessary in the intervention application. The same is disposed of accordingly.

(A.S. GADKARI, J) (B.R.GAVAI,J) 3/3