Bhimrao Pandurang Kamble v. The Collector, Kolhapur District And ORS.

RNG 1/2 919-10519.15.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.10519 OF 2015 Bhimrao Pandurang Kamble .. Petitioner vs The Collector, Kolhapur District Kolhapur & ors ..Respondents None for the Petitioner Mr.Prashant Kulkarni for Respondent no.6 Mr.A.P.Vanarase Asst.Govt.Pleader for State Coram : SMT.VASANTI A.NAIK AND RIYAZ I. CHAGLA, JJ Date : 2nd NOVEMBER 2017 P.C.

The only prayer made by the petitioner in the instant petition is for a direction to the respondent nos.1 to 5 to take a note of the illegal acts committed by the respondent no.6 while contesting the elections to the Gram Panchayat, Shiradwad. According to the petitioner, though the respondent no.6 became the father of three children after the cut-off date and was ineligible to contest the elections in view of the provisions of the Bombay Village Panchayats Act, by wrongly showing that the third child was born before the cut-off date, he had contested the elections.

RNG 2/2 919-10519.15.17 The prayer made by the petitioner cannot be granted in exercise of the writ jurisdiction specially when an alternate remedy is available to the petitioner under the provisions of the Bombay Village Panchayats Act, for seeking appropriate action against the respondent no.6.

In the result, we decline to entertain the writ petition. The writ petition is disposed of with no order as to costs. The points raised in the petition are kept open.

(RIYAZ I.CHAGLA J) (SMT.VASANTI A.NAIK, J)