Brahman Samaj Seva Sangh And ANR v. Chandrakant Patwardhan And ORS

Sr.No.production 3 WP st 18924.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO. 18924 OF 2016 Brahman Samaj Seva Sangh and anr.

....Petitioners versus Chandrakant Patwardhan and ors.

...Respondents

Mr. Rajesh Sudhakar Datar i/b. Sukand Ravindra Kulkarni, advocate for the petitioners.

Mr. Sham Babulal Trivedi, advocate for respondent Nos. 1 and 2. Mr. V. M. Mali, AGP for the State.

Mr. M. V. Rajput, advocate for the applicant in civil application No.2198 of 2016.

CORAM : RANJIT MORE & A. S. GADKARI, JJ.

DATE : 12th AUGUST, 2016.

P. C. :

Mentioned for production. Taken up on production board, in view of urgency.

2.

Heard learned counsel appearing for the respective parties. 3.

By this petition, the petitioner is challenging the election programme declared by respondent No.1 to elect the managing committee of Brahman Samaj Seva Sangh, Solapur. We have perused the election programme which was declared on 2nd July, 2016. The voters' list was to be published on notice board on 7th July, 2016. The nominations Shubhada S Kadam 1/2

Sr.No.production 3 WP st 18924.16 were to be filed between 18th July, 2016 and 22nd July, 2016. The scrutiny was to take place between 23rd July, 2016 and 26th July, 2016. The list of validly nominated candidates was to be published on 27th July, 2016. Withdrawal of nomination form was permitted between 27th July, 2016 to 29th July, 2016 and voting is scheduled to take place on 13th August, 2016. Thus, we find that the election is at an advanced stage and it cannot be interfered with in exercise of the writ jurisdiction conferred upon this Court. Be that as it may, the petitioners are always at liberty to challenge the election by filing an appropriate proceeding. We are not inclined to entertain the petition and the same is, accordingly, dismissed. 4.

In view of dismissal of the petition, the civil application No. 2198 of 2016 will not survive for consideration and the same stands dismissed.

(A. S. GADKARI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2