Junaid Kha Fakarulla Kha v. Maharashtra State Election Commission,Thr. Its Secretary And Others

2807 WP 115 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.115/2021 Junaid Kha Fakarulla Kha ...Versus...

Maharashtra State Election Commission, through its Secretary, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ Shri J.B. Kasat, Advocate for respondent no.1 Mrs. Shamsi Haider, AGP for respondent nos.2 to 4/State CORAM : AVINASH G. GHAROTE, J.

DATE : 28/07/2022 Learned counsel for the petitioner is absent. Since the petition challenges the acceptance/rejection of the nomination form, writ petition is not the appropriate remedy, as in view of the Full Bench judgment of this Court in Karmaveer Tulshiram Autade Vs. State Election Commission, AIR 2021 Bombay 90, the appropriate remedy would be filing of an election petition. The writ petition is, therefore, dismissed as not maintainable. No order as to costs.

(AVINASH G. GHAROTE, J.) SUKHADEORAO WADKAR Wadkar