Shaikh Gausoddin Badiyoddin v. The State Of Maharashtra And Others

1 W.P. No. 22/2020+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 929.

WRIT PETITION NO.22 OF 2020 WITH WRIT PETITION No. 15583 of 2019 Shaikh Gausoddin Badiyoddin

...Petitioner

VERSUS

State of Maharashtra and others

...Respondents

Mr. S.B. Ghatol Patil, Advocate for petitioner in W.P. 22/2020 Mr. S.H. Panchal, Adv. for petitioner in W.P. No. 15583/2019 Mr. S.K. Kadam, Adv. for Respts. No. 2 to 5 in W.P.No.22/2020 & Respts. No.l 2 to 4 in W.P. No. 15583/2019 Mr. G.D. Kale, Adv. for Respts. No. 6 in W.P. No. 22/2020 & Respt.No.5 in W.P. No. 15583/2019 Mr. N.T. Bhagat, Asstt. Govt. Pleader for Respt.No.1/State Mr. R.T. Nagargoje, Adv. for Respts. No. 7, 8, 11 to 16, 18 to 23, 26 to 32, 35 to 37, 40, 43, 45, 48, 50, 52, 61, 63 & 64 in W.P. No. 22/2020 and Respts. No. 6 to 13 in W.P. No. 15583/2019 C ORAM : ROHIT B. DEO, J.

DATE : 9th January, 2020 PER COURT :

1.

The learned Counsel for the petitioners states, on instructions, that leave to withdraw these petitions may be granted with liberty to raise the contentions raised in the petition in election dispute.

2 W.P. No. 22/2020+1 2.

Leave, as prayed, is granted.

3.

I find that there are serious and contentious issues involved and while I was not inclined to determine them in Writ Jurisdiction, since the disputed questions were factual, the dispute will have to be resolved expeditiously. In this view of the matter, it is directed that if the petitioners or any other voter challenges the election in election dispute, such a dispute shall be decided by the Co-operative Court within six months from the date of filing of the dispute.

4.

Subject to aforesaid observations and directions, both the petitions are disposed of as withdrawn with liberty. ( ROHIT B. DEO ) JUDGE Madkar