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Bombay High CourtWP/10590/2017rejected

Vinod Bhaskar Thakare v. The State Election Commission Of Maharashtra And ORS.

2017-09-20Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice B.R. Gavai2 pages

903.. wp 10590.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10590 OF 2017 Vinod Bhaskar Thakare .. Petitioner Vs.

The State Election Commission of Maharashtra and ors.

.. Respondents Mr.Gautam T. Kanchanpurkar, for the Petitioner. Ms.Kavita N. Solunke, AGP for Respondents No. 1 to 4. Mr.Rameshwar N. Gite, for Respondent No.5.

CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 20th SEPTEMBER, 2017 P.C. :

1.

By way of the present Petition, the petitioner challenges the change of reservation insofar as the elections to the wards of Gram Panchayat are concerned. The election programme 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 Commission of India through Secretary Vs. Ashok Kumar and others (2000) 8 SCC 216, the same would not be permissible.

1/2

903.. wp 10590.17.doc 2.

In any case, the reliefs which are sought can very well be gone into by the Competent Authority in election dispute. 3.

The Petition is therefore rejected relegating the petitioner to alternate remedy available in law. (M.S.KARNIK, J.) (B.R.GAVAI, J.) 2/2