Ravindra Gopinathrao Thorat v. The State Election Commission And Others

WP 12499/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.12499 OF 2022 RAVINDRA GOPINATHRAO THORAT

VERSUS

THE STATE ELECTION COMMISSION AND OTHERS ...

Advocate for Petitioner : Mr. G.R. Syed AGP for Respondent/State : Mr. G.O. Wattamwar Advocate for Respondent/State Election Commission/RO : Mr. Ajit Kadethankar Advocate for respondent No. 6 : Mr. V.P. Latange ...

CORAM : ARUN R. PEDNEKER, J.

DATED : DECEMBER 8th, 2022.

PER COURT :

1.

The learned Advocate for the petitioner has put forth prayer Clause 'B' as under :- "(B) The acceptance of the nomination forms of the Respondents No. 3 to 7 by the Respondent No. 2 may please be held illegal and quashed and set aside by upholding the objection raised by the Petitioner."

2.

Election programme of the panchayats are declared on 09.11.2022. The date for submission for nomination was 28.11.2022 to 02.12.2022, the date for scrutiny of nomination was 05.12.2022, the date for withdrawal of nomination is 07.12.2022 and the date of election is 18.12.2022. 3.

Election to Panchayats are at an advanced stage and the bar under Article 243(O)(B) of the Constitution of India is applicable to entertain the present petition for the relief claimed. Also, in view of the Judgment passed by this Court in Writ Petition No.12359 of 2022, dated 7.12.2022 and the bar under Article 243(O)(b) of the Constitution of India to

WP 12499/22 entertain the present writ petition, the writ petition is disposed of. 4.

The petitioner would be at liberty to assail the grievance raised in the present writ petition, in the appropriate proceedings, in accordance with law. In that event, all contentions of parties are kept open. [ARUN R. PEDNEKER J.] ssc/