Shivaraj Bhagwanrao Mohite And Another v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:3951-DB 72-WP-1993-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1993 OF 2024 Shivaraj Bhagwanrao Mohite And Another ....Petitioners

VERSUS

The State Of Maharashtra Through Secretary And Others .....Respondents .....

Mr. K. J. Suryawanshi, Advocate for the Petitioners Mr. A. B. Girase, GP for Respondent - State Mr. V. H. Dighe, Advocate for Respondent Nos. 2 to 4 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : FEBRUARY 21, 2024 PER COURT :

1.

The Petitioners are teachers. They desire to contest the elections to the Respondent no. 5 - Aurangabad Zilla Parishad Secondary and Higher Secondary Teachers Co-operative Credit Societies Limited, Aurangabad. The contention is that the 12th Standard exams would be commencing from today and the 10th standard exams would be concluding on 26.03.2024. The polling is scheduled on 10.03.2024, which is a Sunday.

2.

The learned Advocate representing the

72-WP-1993-2024.odt Respondent Nos. 2 to 4 Election Authority submits that the election program has already been declared. It is only the Government which can decide as to whether the elections should be postponed or not. He further adds that the polling has been scheduled on 10.03.2024, which is a Sunday and no examination, either of the 12th standard or the 10th standard is scheduled on the said day.

3.

Since the issue falls within the realm of the Government, we do not wish to exercise our jurisdiction. Some issues are best left to the wisdom of the State Government. With this, the Writ Petition is disposed off.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani