Hemangi Subhash Purnapatre v. The Chief Election Officer The Election Committee And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10124 OF 2017 Dr. Hemangi Subhash Purnpatre ..

Petitioner

Versus

The Chief Election Officer & Ors.

..

Respondents Mr.R.R. Karpe, Advocate for the petitioner.

Mr.S.P. Brahme, Advocate for respondent No.1. Mr.S.R. Patil, Advocate for respondent No.2.

Mr.N.B. Suryawanshi, Advocate for respondent No.3. CORAM : R.M. BORDE & S.M.GAVHANE,JJ.

DATED :

14.08.2017 P.C. :- 1.

The petitioner is praying for issuance of directions to the Election Committee to include her name in the final voters' list and permit her to contest election to Managing Committee of the trust. The nomination papers tendered by the petitioners have been turned down. The petitioner is seeking to quash the said order. The process of election of the trust registered under the provisions of Bombay Public Trusts Act is set in motion and the action of the Election Committee in the

( 2 ) wp10124.17 midst of the process is challenged on the several grounds.

2.

The public trust cannot be said to be 'other authority' within the meaning of Article 12 of the Constitution. Apart from this, the petitioner has remedy by way of recording objection under section 22 of the Bombay Public Trusts Act. In exercise of powers conferred under Article 226 of the Constitution of India, no interference is called for.

3.

Keeping the option open to avail of appropriate remedy at appropriate stage, the writ petition stands disposed of.

[S.M.GAVHANE,J.] [R.M.BORDE,J.] /2017/ 17/ snk AUG wp10124.17