Surekha Sharad Koli v. The State Of Maharashtra And Others

983 WP No 3984 of 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 983 WRIT PETITION NO.3984 OF 2020 SUREKHA SHARAD KOLI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Mukul S. Kulkarni AGP for Respondents/State : Mr.K.N.Lokhande Advocate for Respondent No.4 : Mr.A.B.Kadethankar ...

CORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 12/03/2020.

PER COURT :- 1.

Mr.Kulkarni, the learned Advocate for the petitioner submits that the petitioner is aggrieved by the manner in which the proceedings are decided by the State Government. The Collector disqualified the petitioner as a President. The petitioner filed appeal before the State Government. The State Government initially granted stay to the petitioner, thereafter without hearing the petitioner, the appeal is dismissed confirming the order of disqualification. The learned Advocate submits that such a recourse is

983 WP No 3984 of 2020.odt against the principle of natural justice.

2.

Mr.Deshmukh, the learned Senior Advocate appears for the intervener.

3.

Though the arguments of Mr.Kulkarni, the learned Advocate for the petitioner appears to be attractive regarding non-observance of principle of natural justice, still in view of the judgment of Full Bench, Bombay,in a case of Anant H. Ulhalkar Vs. Chief Election Commissioner, reported in 2017(1) Mh.L.J. 431 and the judgment of the Apex Court in a case of Shankar Raghunath Devre (Patil) Vs. State of Maharashtra and others, reported in (2019) 3 SCC 220 the arguments of the petitioner cannot be entertained. 4.

In light of that, writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE SSTare