Chandrakant Panditrao Talekar And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12079 OF 2017 CHANDRAKANT PANDITRAO TALEKAR & ANR

VERSUS

THE STATE OF MAHARASHTRA & ORS ...

Advocate for Petitioners : Shri Nirmal Ravindra AGP for Respondent 1 : Shri Bhagat N.T.

Advocate for Respondents 2 & 5 : Shri Shelke S.T. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 03, 2017 ...

PER COURT :- 1.

The petitioner is aggrieved by the inaction on the part of the Returning Officer in considering the objections raised by him by application dated 25.9.2017 and the consequential acceptance of the nomination form of respondent No.6, who is now permitted to contest the elections to the Gram Panchayat.

2.

Learned counsel for respondent Nos.2 and 5 submits that the scrutiny of the nomination papers was scheduled on 25.9.2017 and the last date for withdrawal of the nomination form was upto 3.30 pm on 27.9.2017. He, therefore, submits that at this stage, this Court cannot cause any interference in the light of the law laid down by the Honourable Apex Court in the matters of Shri Sant Sadguru Janardan akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 12079 OF 2017 Swami Vs. State of Maharashtra [AIR 2001 SC 3982] and Election Commission of India Vs. Ashok Kumar [AIR 2000 SC 2979]. 3.

Considering the above, this petition is disposed off with liberty to the petitioner to avail of any such remedy as may be permissible in law for challenging the acceptance of the nomination form of respondent No.6 and / or his election, if so elected.

( RAVINDRA V. GHUGE, J. ) ...

akl/d