Vijay Bhikchand Bhangdiya v. State Of Maharashtra And ORS

924.WPNo.66322022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6632 OF 2022 Vijay Bhikchand Bhangdiya ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Pramod N. Joshi, Advocate for the Petitioner. Mr. S. B. Kalel, AGP for the Respondent Nos.1,2 and 4/State. Mr. Deelip Patil Bankar a/w. Ms. Pooja Deelip Patil, Advocate for the Respondent No.3.

Mr. Bhooshan Walimbe, Advocate for the Respondent No.5.

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR,JJ.

DATED :

JUNE 8, 2022 P.C.

1.

The petition is fled against the order accepting the nomination form of respondent No.5. The Counsel for the petitioner strenuously contends that respondent No.5 is not eligible to contest the election. He is ineligible in as much as the liability is fastened against the respondent No.5 in an inquiry.

2.

Mr. Bankar Patil, the learned Advocate for the respondent No.5 submits that the stages in the process of election except the voting are over. The voting is scheduled on 15th June 2022. It is trite that this Court while exercising the jurisdiction under Article 226 of the Gaikwad RD 1/2

924.WPNo.66322022.doc Constitution of India, would not entertain the petition in the midst of the election. All stages in the process of election are over except the voting. The voting is scheduled on 15th June 2022.

3.

In that view of the matter, it would not be appropriate to entertain this writ petition at this stage. The petitioner is at liberty to take appropriate steps in accordance with law after the election is over. In that event, all contentions of the petitioner are kept open.

4.

The writ petition is disposed of. No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.06.10 17:20:07 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2