Ramdas Suryabhan Khade v. The Chief Election Commissioner And Others

1 26-WP-10486-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10486 OF 2019 RAMDAS SURYABHAN KHADE ...PETITIONER

VERSUS

THE CHIEF ELECTION COMMISSIONER AND OTHERS ...RESPONDENTS Mr. U.L. Talegaonkar, Advocate for Petitioner Mrs. A.V. Gondhalekar, Additional Government Pleader for Respondents-State CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 26th AUGUST, 2019 ORAL ORDER:

1.

The matter does not appear to be bona fide.

2.

We have heard the learned Counsel for the petitioner. 3..

The learned Advocate submits that the respondent No.5 is in employment with the Society. One Vijay Karbhari Kolhar is indulging in political activity though in service with the respondent No.5 - Institution. The complaint has been filed to respondent No.5. The respondent No. 5 is not taking any action against him. The petitioner has filed complaint with the Election Commission. The Election Commission has also not taken action against him.

2 26-WP-10486-2019 According to the learned Counsel, a person in employment with the private Institution receiving grant-in-aid cannot take part in political activity.

4.

The person against whom action is sought to be taken, is not a party to the present proceedings. The Institution, where the said person is said to be serving, is also not a party to the present proceedings.

5.

It is trite that no orders adverse to the interest of any party can be passed in absence of the party.

6.

Moreover, in service jurisprudence, there cannot be any question of Public Interest Litigation. It is for the employer to consider its employees conduct.

7.

In light of the above, we are not inclined to entertain the Writ Petition.

8.

The Writ Petition is disposed of. No costs.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta