Chandrakala Maruti Pitle v. State Election Commissioner, Mumbai And Another

WP-4196.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 4196 OF 2015 Chandrakala Maruti Pitle ...

Petitioner vs State Election Commissioner, Mumbai and others ...

Respondents ---- Mr. V. D. Gunale, Advocate for petitioner Mr. S.T. Shelke, Advocate for respondents CORAM : SUNIL P. DESHMUKH, J.

DATE : 13TH APRIL, 2015

ORDER

1.

After hearing learned counsel Mr. Gunale for the petitioner and Mr. Shelke, learned counsel for respondents, it appears that the petition involves disputed questions of facts. 2.

Learned counsel for the petitioner submits that as a matter of fact receipt depicting submission of caste certificate for scrutiny had been filed along with nomination form with a requisite undertaking, whereas Mr. Shelke has a different version. He submits that, it was on the next day an application had been filed producing a copy of the receipt after rejection of the nomination.

3.

Mr. Gunale advances various submissions with regard to the factual position.

WP-4196.15 4.

Taking into account that disputed issues on facts are involved, I am not inclined to interfere with the impugned order. 5.

Writ petition as such is rejected.

6.

However, it is open for the petitioner to make an approach for redressal of his grievance in accordance with law, including an election petition. Further, observations hereinabove shall not influence the decision by the appropriate authority and this order shall not be made use of in any other proceedings. SUNIL P. DESHMUKH, J.

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