Shilpa Dinesh Pardeshi v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10941 OF 2016 Shilpa w/o Dinesh Pardeshi Petitioner

Versus

The State of Maharashtra, and others Respondents And Raafe Hasan s/o Ali Hasan Intervener Mr.R.N. Dhorde, Senior Counsel i/by Mr. V.R. Dhorde, advocate for the petitioner Mr. Rajendra S. Deshmukh, Special Counsel with Mr. S.B. Yawalkar, AGP for Respondents No.1 & 3.

Mr. S.T. Shelke advocate for Respondent No.2 Mr. N.D. Sonawane advocate for respondent No.4 Mr. V.J. Dixit Senior Counsel i/by Mr.Sushant V. Dixit, advocate for intervener CORAM :

R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : 2nd December, 2016 PER COURT :

At this stage, the learned Special Counsel for the State prays for suspending the effect and operation of the order pronounced/passed today for a period of six weeks for facilitating the State to raise challenge to the order before the Apex Court and secure appropriate orders. It shall be noted that the term of outgoing President of the Municipal Council is due to expire on 28th December, 2016. In view of the provisions of Article 243-U of the Constitution, it is obligatory on the part

wp1094116b of the State Election Commission to hold elections before expiry of its duration as specified in clause (1) of Article 243-U. Since the tenure of the Municipal Council, in the instant case, is to expire by 28th December, 2016 and the State Election Commission requires at least 45 days for completing the process of election, the request made by the learned Special Counsel for the State for suspending the operation of the order pronounced today, does not deserve consideration. The State Election Commission shall forthwith proceed to issue notification for holding election of the Municipal Council and take steps for completing the process of election expeditiously.

[SANGITRAO S. PATIL] [R.M. BORDE] JUDGE JUDGE npj/wp1094116b