Bharat Bhimrao Dabhade v. The Maharashtra State Election Commission, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4098 OF 2015 Bharat Bhimrao Dabhade .. PETITIONER

Versus

1] The Maharashtra State Election Commission, Mumbai 2] The State Election Commission 3] The Returning Officer, Aurangabad Municipal Corporation .. RESPONDENTS ...

Shri A.R.Rathod,Advocate for petitioner Shri S.T.Shelke,Spl.Counsel for respondent nos.1 & 2. ...

CORAM : SUNIL P. DESHMUKH,J.

DATED : 10TH APRIL, 2015 Order :- 1] After hearing counsel for the parties, a dispute appears to be with regards to the fact that nomination application being accompanied by requisite certificates. The contention of the petitioner is that valid nomination had in fact been submitted along with copies of requisite certificates. Whereas, there is an absolute denial of said assertion. Learned counsel for the petitioner has submitted that the receipt as is annexed to the application form had to be issued to him, whereas, learned counsel Mr.Shelke submits that the separate receipt has in fact been issued according to the

wp4098-15 -2practice. In such disputed questions of facts, I do not deem it appropriate to accede to the request made in the Writ Petition. Writ Petition as such is rejected.

2] It would be open for the petitioner to take appropriate proceedings in respect of the same including Election Petition. Writ Petition is disposed of.

(SUNIL P. DESHMUKH,J.) umg/