Mayabai Ashok Patil Alias Mayabai Bhikanrao Patil v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO.13418 OF 2023 RAVINDAR MADHAV VALTE STATE ELECTION COMMISSION MAHARASHTRA STATE THROUGH ITS COMMISSIONER SECRETARY AND OTHERS Advocate for Petitioner: Mr. M. S. Deshmukh h/f. Mr. Temak Rahul Bhausaheb AGP for Respondent/State: Mr. N. T. Bhagat 2 WRIT PETITION NO.13423 OF 2023 KAILAS PANDURANG SHIRSAT THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioner: Mr. Chalak Amol Balasaheb AGP for Respondent/State: Mr. N. T. Bhagat 3 WRIT PETITION NO.13424 OF 2023 NITIN DATTATRAY ASANE THE RETURNING OFFICER AND OTHERS Advocate for Petitioner: Mr. Dond Manoj A.

AGP for Respondent/State: Mr. K. N. Lokhande

2 1-7 4 WRIT PETITION NO.13425 OF 2023 KALYAN GANPATI BANGAR THROUGH THE SECRETARY AND OTHERS Advocate for Petitioner: Mr. Lavte Amar Vinayakrao AGP for Respondent/State: Mr. K. N. Lokhande 5 WRIT PETITION NO.13426 OF 2023 SUDHAKAR BAPURAO GADERAV THE STATE ELECTION COMMISSION AND OTHERS Advocate for Petitioner:

Mr. Deshmukh Shambhuraje V AGP for Respondent/State: Mr. K. N. Lokhande 6 WRIT PETITION NO.13427 OF 2023 SINDHU VASANT PARSE THROUGH THE SECRETARY AND OTHERS Advocate for Petitioner: Mr. Lavte Amar Vinayakrao AGP for Respondent/State: Mr. K. N. Lokhande

3 1-7 7 WRIT PETITION NO.13428 OF 2023 MAYABAI ASHOK PATIL ALIAS MAYABAI BHIKANRAO PATIL THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioner: Mr. Bhosle Pratik Arvind AGP for Respondent/State: Mr. N. T. Bhagat CORAM :ARUN R. PEDNEKER, J.

DATE :25th OCTOBER, 2023 PER COURT:

1.

Heard the learned counsel for the parties in all these matters.

2.

In all these matters the Returning Officer has either accepted or rejected the nomination of the candidates and the petitioners aggrieved thereby have filed the present writ petitions.

4 1-7 3.

Mr. Ajit B. Kadethankar, learned Standing Counsel for Respondents / State Election Commission & Returning Officer has brought to my notice the full bench judgment of this court in case of Karmaveer Tulshiram Autade and Others Vs. State Election Commission Office and Others, 2021

(2) Mh.L.J. 349, at para 64 and 68 and submits that in case of acceptance / rejection of the nomination writ petition should not be entertained and granting relief claimed by setting aside the order of rejection is definitely a step to subserve the process of election and / or facilitate it's completion in the sense enunciated in Mohinder Singh Gill and explained in Ashok Kumar. 4.

The learned counsel has also taken me through an order of this court dated 07.12.2022, passed in Writ Petition No.12359 of 2022, where this court relied upon the full bench judgment of Karmaveer, as referred supra, has refused to entertain writ petition challenging the acceptance / rejection of nomination form.

5 1-7 5.

The election programme in the present case instant case is as follows:

The election programme of the panchayat declared on 06.10.2023. The dates of submission of nomination form was from 16.10.2023 to 20.10.2023. Date of scrutiny of nomination form was on 23.10.2023. Date of withdrawal of nomination form was on 25.10.2023. Date of allotment of symbols and the publication of final list of candidates contesting election is 25.10.2023. Date of election is 05.11.2023.

6.

Mr. Ajit B. Kadethankar, learned Standing Counsel for Respondents / State Election Commission & Returning Officer submits that in view of the full bench judgment the remedy of election petition under section 15 of the Maharashtra Village Panchayats Act, 1959 is available to the petitioners.

7.

The election to the panchayat are at an advanced stage and the bar to entertain writ petition under Article 243-O (b) of the

6 1-7 Constitution of India read with section 15 and 15-A of the Maharashtra Village Panchayats Act, 1959 would be applicable, as has been held in the above refereed case of Karmaveer.

8.

In view of the same, the writ petitions are disposed of with liberty to the petitioners to challenge the impugned orders before the appropriate authority in accordance with law. All contentions of the parties are kept open.

[ARUN R. PEDNEKER, J.] marathe