Yasmin Wasir Patel v. State Of Maharashtra And ORS.

habeeb 1 26.wp.10490.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10490 OF 2016 Yasmin Wasir Patel .. Petitioner Vs State of Maharashtra & Ors.

.. Respondents ...

Mr. Kalpesh U. Patil for the Petitioner.

Mr. A. A. Alaspurkar, AGP for the Respondent Nos. 1 and 2. CORAM : A. S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 05/07/2017.

P.C. :

1] Heard the learned counsel appearing for the Petitioner, who seeks time. The challenge is to the show cause notice issued by the Collector to the Petitioner calling upon the Petitioner to show cause as to why the Petitioner's election should not be invalidated in view of Section 10 of the Maharashtra Village Panchayats Act, 1958. 2] The petition is based on an apprehension that Collector will pass an adverse order. Even according to the learned counsel appearing for the Petitioner, as of today, Collector has not passed any order. 3] We, therefore, decline to entertain this petition against the show cause notice. Accordingly, the petition is disposed of by passing following order:-

O R D E R

a) The petition is rejected. It will be open for the Collector/Additional Collector to pass appropriate order

habeeb 2 26.wp.10490.16.doc on impugned show cause notice after considering the reply filed by the Petitioner;

b) The Order passed on the show cause notice shall be communicated to the Petitioner;

c) If the order be adverse to the Petitioner, the same shall not be given effect for a period of two weeks from the date on which order is served to the Petitioner; d) All contentions of the parties on merit are kept open; e) All concerned to act on an authenticated copy of this order.

(SMT. VIBHA KANKANWADI, J.) (A. S. OKA, J.)