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Bombay High CourtWP/718/2015rejected

Shashi Krishnakumar Sharma v. Nagar Sachiv, Mira-Bhayandar Municipal Corporation And ORS.

2015-06-08Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka1 pages

wp­718.15.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.718 OF 2015 Shashi Krishnakumar Sharma ... Petitioner Vs.

Nagar Sachiv and Ors.

... Respondents None for the Petitioner.

Mr. Mayur Surendra Lagu, for the Respondent Nos.1, 2 and 4. Mr. V.P. Malvankar, AGP, for the Respondent Nos.3 and 5. CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 8th JUNE, 2015 P.C.

1.

None appears for the Petitioner.

2.

The challenge in this Petition under Article 226 of the Constitution of India is to the Bye­Election of Ward No.2 of Mira­ Bhayander Municipal Corporation which was to be held on 18th January, 2015. The learned counsel appearing for the first and second Respondents states that election was held on 18th January, 2015 and that the result of the election has been declared on the next day. In view of this position, Writ Petition under Article 226 of the Constitution of India cannot be entertained at this stage. The remedy of the Petitioner is to challenge the result of the election in accordance with law. The Petition is rejected. All contentions on merits are kept open. (REVATI MOHITE DERE, J ) (A.S. OKA, J )