Vishwanath Shesherao Raut v. Returning Officer, Elections Parbhani District Central Co Op Bank Ltd, Parbhani And Others

WP - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4449/2015 Vishwanath Shesherao Raut.

...Petitioner..

Versus

Returning Officer, Elections Parbhani District Central Cooperative Bank Ltd., Parbhani & others.

...Respondents...

.....

Shri N.B. Khandare, Advocate for petitioner.

Shri S.K. Tambe, AGP for respondent no.1.

Shri V.A. Bagul, Advocate for respondent no.3. .....

CORAM: SUNIL P. DESHMUKH, J.

DATE: 24.04.2015 ORDER :

1] Heard learned counsel appearing for the parties. 2] In view of the dispute about facts being arisen since affidavit has been filed by the Election Officer denying the claim of petitioner that an objection was ever sought to be raised, in such a case, I do not deem it appropriate to enter into factual aspects looking at the scope of the writ petition.

3] The writ petition as such is not being entertained and is rejected. It would, however, be open for the

WP - 2 - petitioner to take up all such proceedings as are available in law questioning the legality of acceptance of nomination of respondent no.3 including an election petition. No order as to costs.

(SUNIL P. DESHMUKH, J.) ndk/c2441511.doc