Bhausaheb Ramkishan Godbole And Others v. Election Officer Georai And Others

WP 12500/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.12500 OF 2022 BHAUSAHEB RAMKISHAN GODBOLE AND OTHERS

VERSUS

ELECTION OFFICER GEORAI AND OTHERS ...

Advocate for Petitioners : Thorat Nanabhau R AGP for Respondent/State : Mr. G.O. Wattamwar Advocate for Respondent/State Election Commission/RO : Mr. Ajit Kadethankar Advocate for respondent Nos. 2 to 9 : Mr. A.L. Kanade ...

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) Be pleased to quash and set aside the order dated 05.12.2022 passed by the Election Officer Georai tq. Georai dist. Beed and declare and hold that nomination form of the respondent no. 02 to 09 is rejected or direct to reject nomination form of respondent no. 02 to 09."

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

WP 12500/22 and the bar under Article 243(O)(b) of the Constitution of India to 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/