Sandip Suresh Patole v. The State Election Commission And Others

dyb 1 WP12881-18dt 26-11-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12881 OF 2018 Sandip Suresh Patole ...

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.

Oral Order :

1.

By this petition, the petitioner has challenged acceptance of nomination paper of Respondent No.4-candidate. The contention of the petitioner is that respondent-candidate is disqualified in view of the fact that he has given birth to a child after the cut off date. 2.

It is not possible to decide this factual position in writ jurisdiction especially when the petitioner has remedy of filing election petition where all issues of facts can be decided by leading evidence.

dyb 2 WP12881-18dt 26-11-2018 3.

In view of above position, writ petition is rejected. N.M. Jamdar, J.