Ashok Sambhaji Dalpe And Another v. The State Of Maharashtra And Others

*1* 4.wp.6633.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6633 OF 2017 ASHOK SAMBHAJI DALPE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Shri Salgare Vitthal G. AGP for Respondents/ State : Shri S.G.Karlekar. Advocate for Respondent 6: shri S.M.Kulkarni. ...

CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE :- 06th June, 2017 P.C.:

Heard the learned Advocate for the Petitioners. Perused the petition and annexures thereto.

The Writ Petition was moved urgently so as to seek stay of the election process which had commenced by the communication/ programme listed on 23.04.2017, copy of which is at page 121 of the petition paper book. The learned Vacation Judge, having found that the election process has progressed and is in advance stage, granted no interim relief.

We do not think that in a writ petition we can decide the disputed questions particularly about legality and validity of the process of

*2* 4.wp.6633.17 election, participants therein and eligibility of the Petitioners and others, who are stated to have been disqualified and ineligible on account of rejection of the change report. The Petitioners have ample remedies available to dispute the entire process of election. By keeping those remedies open, we dispose of this Writ Petition. This Writ Petition is, accordingly, disposed of. (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.) kps