Mr. Shetty Ashok Bhoj And ORS. v. Mr. Leo Abrao Jivu And ORS.

1 WP 12587-15.doc-P-36

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12587 OF 2015 Mr. Shetty Ashok Bhoj and Ors.

] ... Petitioners

Versus

Mr. Leo Abrao Jivu and Ors.

] ... Respondents Mr. D. W. Bhosale i/b Mr. A. S. Desai for Petitioners Ms. M. S. Bane, 'B' Panel Counsel for Respondent No.3. Mr. D. K. Jain for Respondent No.4.

CORAM :- M. S. SONAK, J.

DATE :- DECEMBER 16, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

There is no necessity to entertain the present petition. The election process is already on. The Appellate Authority has reversed the decision of the Returning Officer and has held that the nomination of the respondent no.1 is required to be accepted. If, ultimately, the respondent no.1 succeeds at the elections, the petitioners have remedy of challenging the elections itself by taking out appropriate proceedings. At that stage, the petitioners will also have the right to contend that nomination of the respondent no.1 was incorrectly URS

2 WP 12587-15.doc-P-36 accepted. Accordingly, there is no case made out to interfere with the impugned order at this stage.

3.

Therefore, leaving the issue open to be contested in the appropriate proceedings after the elections, this petition s dismissed. 4.

It is made clear that this Court has not examined the merits of the matter and therefore, all contentions of all parties are left open to be decided at the appropriate stage and before the appropriate forum.

5.

Petition is disposed of accordingly.

(M. S. SONAK, J.) URS