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Bombay High CourtWP/14240/2021disposed off

Balasaheb Laxman Thube And Others v. The Joint Secretary And Others

2021-12-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

14240.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1000 WRIT PETITION NO.14240 OF 2021 BALASAHEB LAXMAN THUBE & OTHERS

VERSUS

THE JOINT SECRETARY & OTHERS ...

Advocate for the petitioners : Mr.A.B.Kharosekar AGP for Respondent-State : Mr.P.K.Lakhotiya ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 16.12.2021 P.C. :

1] Learned counsel for the petitioners submits that the election programme was declared in news paper at Pune. It was not declared in the local news paper. According to the learned counsel for the petitioners that, though more than 150 voters are dead, their names are appearing in the voters list. The election process is faulty. Learned counsel submits that procedure is followed in breach.

2] The election programme is declared on 6th December, 2021. Last date for accepting the nomination paper is 14th December, 2021. The scrutiny of the nomination paper is done on 15th December, 2021 and publication of list of validly nominated candidates is on

14240.21WP 15.12.2021. Much process of election has been undertaken. At this stage, it would not be possible to exercise writ jurisdiction of this Court.

3] The petitioners may assail election as may be permissible in law after elections are over. In that event, all contentions are kept open. Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC