Mrs. Vimal Suresh Sathe v. The State Of Maharashtra Through Its Secretary And ORS.

P503­WP­11242­17.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11242 OF 2017 Mrs. Vimal Suresh Sathe

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

­­­­­­­­­­ Mr. Vishwanath Patil, i/b Mr. Yuvraj Patil, for the Petitioner. Mr. A.P. Vanarase, AGP, for the Respondent­State. ­­­­­­­­­­ CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE : 6 October 2017 ORDER :

Not on board. Taken on board.

By this writ petition, the petitioner challenges the order of the respondent No. 2 rejecting the objection of the petitioner against the acceptance of the nomination form of the respondent No. 3 for the election to the post of Sarpanch of 1/2

P503­WP­11242­17.doc Grampanchayat, Malewadi Borgaon. The petitioner has sought a direction against the respondent No. 2 to reject the nomination form of the respondent No. 3.

In view of the law laid down by the Hon'ble Supreme Court from time to time, it would not be permissible for this Court to interfere with the election process at an intermediary stage. The elections are scheduled on 16th October 2017. The last date for filing the nomination was 29th September 2017 and the scrutiny of nomination papers was completed on 3rd October 2017. At this stage, it would not be proper to consider the prayer of the petitioner to reject the nomination paper of the respondent No.3 by interfering with the order of the Election Officer.

In the result, the writ petition fails and is dismissed with no order as to costs. The points raised in the writ petition are however, kept open.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2