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Bombay High CourtWP/10750/2018disposed off

Shri. Prakash Narayan Harake v. The State Of Maharashtra Through Agp And ORS.

2018-09-25Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

1 / 2 06-WP-10750-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10750 OF 2018 Shri Prakash Narayan Harake.

... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents • Mr. Y. B. Lengare for Petitioner.

• Ms. Ashwini Purav, AGP for State - Respondent Nos.1, 3 & 4. • Mr. S. B. Shetye for Respondent No.2.

• Mr. Uday B. Nighot for Respondent No.6.

CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE : 25th SEPTEMBER, 2018.

P.C. :

Heard learned Counsel for the Petitioner on the question of admission.

2.

Challenging the order dated 12/09/2018 by which the Petitioner's objection to the acceptance of the nomination of Respondent No.6's candidature for election, the Petitioner has filed this Petition.

Nesarikar

2 / 2 06-WP-10750-18.odt 3.

Admittedly the elections are to be held tomorrow i.e. 26/09/2018. In the circumstances, even assuming that the nomination has been wrongly accepted, the Petitioner has got alternative and efficacious remedy of filing Election Petition u/s 15 of the Maharashtra Village Panchayats Act. In the circumstances, we decline interference.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.)