Vasubhai S. Patel v. The Returning Officer, Collector Oficer, Diu And ORS

1 wp5825-12+1 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5825 OF 2012 Vasubhai S. Patel ..Petitioner.

V/s.

The Returning Officer & Ors.

..Respondents.

WRIT PETITION NO.6442 OF 2012 Baraiya Jitendrakumar Parbat ..Petitioner.

V/s.

The Returning Officer & Ors.

..Respondents.

Mr. Kishan S. Patil for the petitioner.

Mr.G. Hariharan i/b. Mr.H.P. Chaturvedi for the respondent No.5. CORAM : A.S.OKA AND A.K. MENON, JJ.

DATED : 27TH FEBRUARY, 2015 P.C. :- 1.

Challenge in these petitions is to the elections of the Municipal Council held on 17th June, 2012. It is not in dispute that there is a remedy available to challenge the results of the election under Rule 22 of the Daman and Diu Municipalities Regulations as amended in the year 1994.

2.

In view of the efficacious remedy available under the Regulations, it is not necessary to entertain these petitions. Both the petitions are disposed of by keeping the remedy open. All contentions on merits are kept open.

(A.K.MENON, J.) (A.S.OKA, J.)