Praveen Samiullah Patel v. The Election Returning Officer And ANR.
P504-WP-11251-17.doc Sharayu.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11251 OF 2017 Parveen Samiullah Patel
...Petitioner
Versus
The Election Returning Officer & Anr.
...Respondents
---------- Mr. R.A. Naik, i/b Mr. Umesh R. Mankapure, for the Petitioner. Mr. T.S. Ingale, for the Intervener.
Mr. A.P. Vanarase, AGP, for the Respondent-State. ---------- CORAM :
SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.
DATE : 6 October 2017 ORDER :
Not on board. Taken on board.
By this petition, the petitioner challenges the order of the respondent No. 1-Election Officer refusing permission to 1/2
P504-WP-11251-17.doc the petitioner to correct her nomination paper so that she could contest the election to the Grampanchayat from the women's category.
We are afraid, that it would not be permissible to consider granting the relief at this stage of the election process. It is time and again laid down by the Hon'ble Supreme Court that it would not be permissible for the High Court to interfere that the election process at an intermediary stage in exercise of the jurisdiction under Article 226 of the Constitution of India. The petitioner may avail an alternate remedy after elections are concluded, if so advised.
The writ petition is disposed of with no order as to costs. The points raised in the writ petition are however, kept open.
In view of the disposal of the writ petition, the application of the interveners stands disposed of. [RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2