Pritam Prakashrao Deshmukh And ORS v. The State Election Commission And ORS

skn 1/2 11388.15-wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11388 OF 2015 Pritam Prakashrao Deshmukh and others.

...

Petitioners.

V/s.

State Election Commission and others.

...

Respondents.

B.U.Deshmukh for the petitioner.

S.B.Shetye for respondent No.1.

Vikas Mali, AGP for the State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

9th December 2015.

P.C.

The learned counsel for the petitioner submits that notice under section 10 of the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 was not published in the newspaper within prescribed time. The learned counsel appearing for respondent No.1- Election Commission submits that notice dated 24th September 2015 was published in the newspaper Dainik Punya Nagari on 5th October 2015. The objections were invited as prescribed under section 10 and were to be filed by 16th October 2015. Photostat copy of the said published noticed is placed on record. Learned counsel for respondent No.1 further submits that the election programme is already declared. According to the

skn 2/2 11388.15-wp.sxw election programme, from tomorrow i.e. 10th December 2015, filing of nominations would start. It is further submitted that the petitioner has filed his objections.

2.

In view of the fact that the election programme is already declared and in view of the explanation given by learned counsel appearing for respondent No.1, we are not inclined to exercise our extra ordinary writ jurisdiction. Petition is disposed of. (S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..