Bombay High CourtWP/4167/2015rejected at admission stage

Subhash Rambhua Patil v. State Of Maharashtra And Others

2015-04-30Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4167 OF 2015 Subhash Rambhua Patil .. PETITIONER

Versus

State of Maharashtra & Ors .. RESPONDENTS ...

Shri P.B.Patil,Advocate for petitioner Shri S.P.Daund,AGP for respondent State Shri H.D.Patil, Adv. for respondent no.6.

Shri M.M.Avhad h/f Shri D.B.Thoke,Adv. for R.7. ...

CORAM : SUNIL P. DESHMUKH,J.

DATED : 30TH APRIL, 2015 ORDER :- 1] Looking at the advanced stage of the election, save and except polling, all stages are over. In such a case, I do not deem it appropriate to cause interception in the ongoing election. The contention that the society would remain unrepresented, can be taken care of even subsequently. There is a dispute in respect of factual position about petitioner being nominated or not, resolution being legal or otherwise and looking at the decision of the Supreme Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Moharaj) Sahakari Dagdha Utpadak Sanstha and Another Versys State of Maharashtra and Others", reported in (2001) 8 SCC 509, I am not inclined to entertain the Writ Petition.

wp4167-15 -22] Writ Petition as such is rejected. However, it is open for the petitioner to take all other remedies as are available to him in respect of representation for respondent no.6 society. (SUNIL P. DESHMUKH,J.) umg/