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Bombay High CourtWP/108/2021dismissed

Hanuman Ramchandra Lasante v. Returning Officer, For Elections To The Gram Panchayat Warha, Cum Tahsildar, Yavatmal

2021-02-04Hon'Ble Shri Justice V.M. Deshpande2 pages

wlp108.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.108/2021 Hanuman Ramchandra Lasante .Vs. Returning Officer for Election of 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 respondent. By this writ petition, the petitioner is challenging order dated 31.12.2020 passed by respondent no.1, rejecting his nomination papers to contest election from Gram Panchayat, Warha, Tq. Kelapur, Dist. Yavatmal. The petitioner then approached this Court and this Court (Coram: Manish Pitale, J.) on 04.01.2021, 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 Gram Panchayat. As per the submission of learned counsel for the petitioner, the petitioner got elected. Though interim relief was granted by this Court, it was subject to the result of this petition.

Mrs. Barabdhe, learned A.G.P. for the respondent, submitted that in view of the law laid down by Full Bench of this Court in Writ Petition (ST). No. 26/2021, Karmaveer Tulshiram Autade and Ors. vs. The State Election Commission, Mumbai and ors.; decided on 13.01.2021, writ petition

wlp108.21.odt challenging rejection of nomination papers is not maintainable. In view of the said law, this writ petition is not tenable. Though, the petitioner contested the election and got elected in view of the interim order dated 04.01.2021, it was specifically observed by this Court that interim order shall be subject to outcome of this writ petition.

Hence, the writ petition is dismissed as not maintainable. Since writ petition is not maintainable, interim order dated 04.01.2021 stands vacated and its consequences to follow.

JUDGE kahale