Mr. Sudhir Ranganath Dolas v. Municipal Corporation, Through Its Commissioner And ORS.

wp207 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.207 OF 2017 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Akur Pahade i/b Shama Mulla for the Petitioner Mr.Rupesh Lanjekar i/b Mr.Murlidhar L. Patil for the Respondent No.1.

Mr.Mayur Jadhav i/b Mr.S.B.Shetye for respondent No.2 Mr.Manish M. Pabale, AGP for respondent No.3 CORAM :A.S.OKA AND M.S.SONAK,JJ.

DATE : DECEMBER 21, 2017 P.C.

Heard the learned counsel appearing for the petitioner. In this petition under Article 226 of the Constitution of India the challenge is to the notification issued on 25th November 2016 by the State Election Commission in exercise of powers under sections 5(3) and 14 of the Maharashtra Municipal Corporations Act,1949 by which formation of wards for the purposes of general ward election of the Nashik Municipal Corporation has been made. It is not in dispute that the general ward elections have been already held on the basis of the

wp207 impugned notification dated 25th November 2016.

Therefore, now it will not be appropriate to entertain this petition challenging the notification of formation of wards in exercise of discretionary jurisdiction under Article 226 of the Constitution of India.

We, therefore, decline to entertain this petition. Writ petition is disposed of. However, the legal and factual issues raised by the petitioner are kept open.

(M.S.SONAK,J.) (A.S.OKA,J.)