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Bombay High CourtWP/9148/2017rejected

Anand Sahebrao Phadake v. Election Commission Maharashtra And ORS.

2017-09-06Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice B.R. Gavai2 pages

912. wp 9148.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9148 OF 2017 Anand Sahebrao Phadake .. Petitioner Vs.

Election Commission, Maharashtra and ors.

.. Respondents Mr.V.R.Gaikwad, for the Petitioner.

Mr.S.B. Shetye, for Respondent No.1.

Mr.A.A. Alaspurkar, AGP for Respondents No. 2 to 4 - State. CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 06th SEPTEMBER, 2017 P.C. :

1.

The petitioner has approached this Court contending that the reservation as provided by the respondents of seats in the various wards is not in accordance with Rule 4 of the Bombay Village Panchayats (Number of Members, Divisions into Wards And Reservation of Seats) Rules, 1966.

2.

The election process is already set in motion. Any interference at this stage would result in stalling the election process. In view of law laid down by the Apex Court in the case of Election 1/2

912. wp 9148.17.doc Commission of India through Secretary Vs. Ashok Kumar and others (2000) 8 SCC 216, we are not inclined to entertain the Petition. The Petition is rejected.

(M.S.KARNIK, J.) (B.R.GAVAI, J.) 2/2