Manisha Shivaji Shende v. Alka Laxman Khemnar And Others

1 C.A. 14898/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 14898 OF 2018 IN WRIT PETITION No. 3985 of 2017 Manisha W/o Shivaji Shende ...Applicant

Versus

Alka W/o Laxman Khemnar and others

...Respondents

Mr. D.R. Markad, Advocate for applicant Mr. R.R. Karpe, Advocate for Respt.No.1/petitioner in W.P.No. 3985/2017 Mr. S.R. Yadav, Asstt. Govt. Pleader for respodents No.6 & 7 Mr. A.A. Mane,Adv., h/f. Mr A.S. Sawant, Adv. for petitioner in W.P. No. 2061/2018 CORAM : RAVINDRA V. GHUGE, J.

DATE : 14th JUNE, 2019 PER COURT:

1.

The applicant desires to intervene in Writ Petition No. 3985 of 2017. Grievance is that one Madhukar Motiram Salve sought disqualification of the elected representative Alka W/o Laxman Khemnar. After Alka Khemnar was disqualified, she approached this Court in Writ Petition No. 3985 of 2017 and by order dated 22nd August, 2018 passed by this Court (Coram : Mr. V.K. Jadhav, J.), Alka Khemnar was granted protection in the form of a direction to the authorities that the result of the election should not be declared.

2 C.A. 14898/2018 2.

The applicant submits that she has contested the said election and, therefore, she is interested in an early decision in the petition filed by Alka Khemnar.

3.

Though I find that the applicant is eager to see the result of the pending petition, since she has contested election, this cannot be a ground for permitting intervention as it would open floodgates and such candidates contesting said election, in such facts and circumstances, would move the Court for intervention. A person can be permitted to intervene if the Court finds that the proceedings in hand cannot be effectively adjudicated upon in the absence of such a party and if the decision in the said proceeding would prejudicially affect the applicant.

4.

I do not find that the presence of the applicant is necessary for deciding the petition filed by Alka Khemnar. As such, this application is rejected.

( RAVINDRA V. GHUGE ) JUDGE Madkar