Kishanchand Tharumal Wadhwa And ANR v. State Election Commission And ORS

KVM 1/2 503 - WP 14603 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14603 OF 2022 by KANCHAN VINOD MAYEKAR Date: 2022.11.25 17:55:19 +0530 KANCHAN VINOD MAYEKAR Kishanchand Tharumal Wadhwa & Ors.

..... Petitioners

VERSUS

State Election Commission, Maharashtra & Ors.

..... Respondents Mr.Manoj A.Patil for the Petitioners.

Mr.S.B.Shetye, a/w. Mr.Vikrant Dere for the Respondent no.1 Mr. S.L.Babar, A.G.P. of the Respondent nos. 2 to 5. CORAM: R. D. DHANUKA AND S.G.DIGE, JJ.

DATE : 25TH NOVEMBER, 2022 P.C:- The papers are allowed to be produced on production board in view of the extreme urgency expressed by the learned counsel for the petitioners. The petitioners have impugned the election programme dated 18th November, 2022 declared by the respondent no.5 for respondent no.6 Grampanchayat and for other reliefs including the Ordinance No. 5 of 2022 described in prayer clause (d) of the petition. 2.

Since the election programme is already issued, we are not

KVM 2/2 503 - WP 14603 OF 2022.doc inclined to interfere with the election process. The remedy to the petitioners, if any, would be after the declaration of the election result if the petitioners are aggrieved by the same for any reasons. 3.

Insofar as prayer clause (d) is concerned, the challenge to the ordinance which has now converted into an Act will be considered at the appropriate stage.

4.

Writ petition is disposed off in the aforesaid terms. No order as to costs.

5.

It is made clear that this Court has not expressed any views on the merits of the contentions raised by the petitioners in this matter. 6.

All the contentions of the petitioners and the respondents are kept open.

7.

Parties to act on the authenticated copy of this order. [S. G. DIGE, J.] [R. D. DHANUKA, J.]