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Bombay High CourtWP/352/2016disposed off

Kirti Kapadia v. The State Of Maharashtra And 5 Others

2016-02-02Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

P1-OSWPL280-16+.DOC AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 280 OF 2016 AND WRIT PETITION (l) NO. 281 OF 2016 Kirit Kapadia

...Petitioner

Versus

The State of Maharashtra & Others

...Respondents

Mr. Shailendra S. Kanetkar, for the Petitioner in both Petitions. Mr. Rajiv Mane, AGP, for Respondent Nos. 1 to 3-State in both Petitions.

Mr. Ravindra Vishnu Laxmi Sankpal, i/b R.

V. Sankpal & Associates, for Respondent No. 4 in both Petitions. CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

2nd February 2016 PC:- 1.

After having heard Mr. Kanetkar in both Petitions, we are of the view that to question the electoral process the Petitioner has an alternate equally efficacious remedy. The Petitioner can question everything including the wrongful assertion of authority by the Respondent No. 3, viz., the Deputy Registrar instead of constitutional functionary, viz., the State Cooperative Election Authority.

P1-OSWPL280-16+.DOC 2.

Keeping open all contentions with regard thereto, we dispose of both these Petitions.

(G. S. PATEL, J.) (S.C. DHARMADHIKARI, J.)