Shaikh Shaukat Ali Shaikh Ali v. The State Of Maharashtra And Others

WP 7813/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7813/2016 Shaikh Shaukat Ali Shaikh Ali.

...Petitioner..

Versus

The State of Maharashtra & others.

...Respondents...

.....

S/Shri P.B. Rakhunde with Shri S.B. Bhapkar, Advocates for petitioner.

Shri A.R. Kale, AGP for respondent nos.1 & 2. Shri P.V. Mandlik, Senior Advocate i/by Shri P.P. Mandlik, Advocate for respondent no.6.

.....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 21.07.2016 ORDER :

1] The petitioner prays for postponement of elections of Sarpanch and Up-Sarpanch on the ground that the proceedings for disqualification against seven members are pending. It is alleged that the members of the village panchayat did not tender the election expenses and as such they need to be disqualified.

2] Merely because some proceedings are pending, is not

WP 7813/16 - 2 - a ground for postponement of the elections. The elected representatives cannot be restrained from performing their functions and as such the request made by the petitioner does not deserve consideration.

3] The writ petition is devoid of substance and hence stands rejected.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c2171625.doc