Bharat Digambar Shelke And Others v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.6957 OF 2022 BHARAT DIGAMBAR SHELKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr. Anand V. Indrale Patil, Advocate for the petitioners Mr. A. B. Kadethankar, Advocate for respondent No.2 Mr. S. G. Sangle, AGP for the respondents/State CORAM:RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE:13th July, 2022 P. C.

1.

The petitioners have putforth prayer clauses 'B' 'C' and 'D' as under:- B] By issuing writ of mandamus or any other appropriate writ, order or directions, the impugned final notification dated 21-06-2022 issued by District Collector, Nanded, for prescribing reservation for general election of 2022 for Village Bodhadi be quashed and set aside and the draft notification dated 09-06-2022 be made final notification for that purpose necessary directions be issued.

(2) C] By issuing further writ of mandamus or any other appropriate directions, the respondents be directed to fix the reservation for the post of members for general election of 2022 for village Bodhadi as per the draft notification dated 09-06-2022 and for that purpose necessary directions be issued.

D] Pending hearing and final disposal of this writ petition, the impugned notification dated 21-06-2022 issued by District Collector, Nanded for prescribing reservation for general election of 2022 for Village Bodhadi be stayed.

2.

The learned advocate representing the Maharashtra State Election Commission relies upon the judgment delivered by this court on 05-072022, in writ petition No.6765/2022 filed at Aurangabad by Anant Baburao Golait (Gahilot) Vs State Election Commission of Maharashtra and others. He further submits on instructions that in some parts of the villages, the election

(3) program has been declared and some parts have been left out on account of heavy rains. The elections are imminent. He, therefore, refers to prayer clause 'D' of the petition and contends that the petitioners are praying for injunctory orders to stall the elections.

3.

Considering the above and the fact that the elections are imminent and in some areas, the elections program has already been declared and considering the view taken by this court in Anant Baburao Golait (Gahilot) (supra), this petition is disposed off with liberty to the petitioners to avail of a remedy as may be permissible in law.

[ANIL L. PANSARE, J.] [RAVINDRA V. GHUGE, J.] VishalK/wp6957.22