Ikramoddin Amiroddin Shekh And Others v. The State Of Maharashtra And Others

6 WP No 3729 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 WRIT PETITION NO.3729 OF 2019 IKRAMODDIN AMIRODDIN SHEKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.Deepak D. Chaudhari AGP for Respondent Nos.1 and 2 : Smt.M.A.Deshpande Advocate for Respondent Nos.3 and 4 : Smt.Usha P. Kale ...

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

DATE : 12/03/2020.

PER COURT :- 1.

In the present writ petition, the petitioners are assailing the nomination of respondent No.4 as a Councilor of respondent No.3 Municipal Council. Petitioner Nos.2 to 4 were held to be ineligible to be considered as Councilor. Petitioner No.2 claims to be a voter.

2.

The selection of nominated Councilor can be assailed by an election petition.

3.

The matter would involve dispute of question

6 WP No 3729 of 2019.odt of fact as to the qualification of respondent No.4 visa-vis his stint as a Trustee with the Trust. 4.

In view of the judgment of the Full Bench of this Court in Writ Petition No.8962 of 2013 decided on 10/06/2014(Bombay), the remedy of election petition is available.

5.

In light of that, the present Writ Petition is not entertained.

6.

Writ Petition disposed of. No costs.

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