Shaikh Jamil Ahemad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6748 OF 2019 SHAIKH JAMIL AHEMAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.V.A.Sayyed h/f Mr.H.P.Jadhav, Advocate for the petitioner. Mr.K.B.Jadhavar, AGP for respondent Nos. 1 and 2. Mr.S.S.Wagh h/f Mr.S.T.Shelke, Advocate for respondent No.3. ( CORAM : BHARATI H. DANGRE, J.) DATE : JANURARY 4, 2022 PER COURT :

1.

The present writ petitioner seeks a relief of setting aside an order dated 07/06/2019 passed by the Returning Officer, rejecting the nomination form of the petitioner. The petitioner contested the election of Gram Panchayat Member from Ward No.2 and submitted his nomination paper but by the impugned order, his form has been rejected. Assailing the wrongful rejection, he has filed this petition. 2.

It is submitted by the learned AGP that the election to the Gram Panchayat is already over and therefore since the petitioner is left with a remedy of filing an election petition on account of improper rejection khs/Jan.2022/6748

- 2 - of his nomination paper, the petition has been rendered infructuous. 3.

Accepting the aforesaid statement and on perusal of the papers compiling the paper book accompanying the writ petition, I am of the considered opinion that the writ petition has been rendered infructuous. Leaving the liberty available to the petitioner to file an election petition u/s 15 of the Maharashtra Village Panchayat Act, the writ petition is dismissed.

( BHARATI H. DANGRE, J.) khs/Jan.2022/6748