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Bombay High CourtWP/12906/2018disposed offdismissed for default

Ravan Tulshiram Navale v. The State Of Maharashtra And Others

2018-11-26Hon'Ble Shri Justice Nitin Jamdar2 pages

dyb 1 WP12906-18dt 26-11-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12906 OF 2018 Ravan Tulshiram Navale ...

Petitioner

Versus

The State Election Commission & others ...

Respondents Mr. P.D. Bachate, Advocate for the Petitioner. Mr. S.T. Shelke, Advocate for Respondents no. 1 and 2. Mr. A.S. Sawant, Advocate for Respondent no. 3. Coram : N.M. Jamdar, J.

Date : 26 November 2018.

Per Court :

1.

Heard learned counsel for the petitioner.

2.

Petitioner has challenged acceptance of nomination paper of respondent. According to the petitioner, respondent is not entitled to contest the election on the ground that he has given birth to third child after the cut off date.

dyb 2 WP12906-18dt 26-11-2018 3.

For this purpose, there has to be a factual adjudication and, since petitioner has alternate remedy of filing election petition and that the election process has already commenced, writ petition is disposed of for the above reason.

N.M. Jamdar, J.