Shri. Ramdas S/O Vishwanath Wanghade v. Returning Officer, For The Elections To The Gram Panchayat Chalbardi, Cum Tahsildar, Yavatmal

wp106.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.106/2021 Ramdas s/o Vishwanath Waghade .vs. Returning Officer for Election to the Gram Panchayat, Naigaon cum Tahsildar, Babhulgaon _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. P. J. Mehta, Advocate for petitioner.

Mrs. M. A. Barabdhe, A.G.P. for respondent.

CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 4, 2021 Heard Mr. Mehta, learned counsel for petitioner and Mrs. Barabdhe, learned A.G.P. for the respondent. By this writ petition, the petitioner is challenging order passed by the respondent, rejecting his nomination papers to contest election for the seat reserved for Scheduled Tribe (Male) from Gram Panchayat, Chalbardi, Tq. Kelapur, Dist. Yavatmal. On 04.01.2021, this Court (Coram: Manish Pitale, J.), while issuing notices to the respondent, granted interim relief in favour of the petitioner. In view of the interim relief, the petitioner was permitted to contest election of the Gram Panchayat.

Today, when this writ petition is taken up for admission, Mr. Mehta, learned counsel for petitioner, submitted that though petitioner contested the election, he has lost it in view of the popular mandate.

Full Bench of this Court in Writ Petition (ST). No. 26/2021, Karmaveer Tulshiram Autade and Ors. vs. The State

wp106.21.odt Election Commission, Mumbai and ors.; decided on 13.01.2021, has laid down the law that a writ petition challenging the order of rejection of the nomination papers is not maintainable.

In that view of the matter, the writ petition is not maintainable and it is dismissed accordingly. Needless to mention, consequences of the dismissal of the writ petition to follow.

JUDGE kahale