Imabai Bharat Tadvi And Another v. The Election Officer And Others

26wp10444.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 26 WRIT PETITION NO.10444 OF 2022 IMABAI BHARAT TADVI AND ANOTHER

VERSUS

THE ELECTION OFFICER AND OTHERS ...

Advocate for Petitioners : Mr.Ruchir Subodh Wani Advocate for Respondent No. 1 : Mr.Kadethankar Ajit B. ...

CORAM : SANDEEP V. MARNE, J.

DATE : 10.10.2022.

PER COURT :

1.

By the present petition the petitioners challenge the order dated 28.09.2022 passed by the Election Officer invalidating the nomination filed by the petitioner.

2.

The Full Bench of this Court in Karmaveer Tulshiram Autade and Others Vs. State Election Commission Office and Others 2021 DGLS (Bom.) 1 has held that "Writ Petition challenging the decision of rejecting the nomination form is not maintainable and that only remedy available to the aggrieved aperson is to file the Election Petition under Section 15 of the Maharashtra Village Panchyats Act, 1959."

3.

Therefore, the present petition is not maintainable and the same is dismissed.

26wp10444.22 4.

The petitioner will, however, have the remedy of filing the Election Petition under Section 15 of the Maharashtra Village Panchyats Act, 1959, if occasion so demands.

( SANDEEP V. MARNE ) JUDGE mahajansb/