Smt. Asha Mohan Chavhan v. State Election Commission, Thr. Collector, Washim And Others

908 wp82.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.82 OF 2021 Smt. Asha Mohan Chavhan Vs.

State Election Commission and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri P.S. Patil, Advocate for petitioner.

Shri J.B. Kasat, Advocate for respondent no.1. Smt. M.A. Barabde, AGP for respondent No.2.

CORAM : V.M. DESHPANDE, J.

DATE : 9 th FEBRUARY, 2021.

Heard Shri P.S. Patil, learned counsel for the petitioner, Shri J.B. Kasat, learned counsel for the respondent no.1 and Smt. M.A. Barabde, learned Assistant Government Pleader for respondent no.2.

(2) It is the submission of the learned counsel for the petitioner that in view of the interim order dated 04.01.2021 of this Court (Coram: Manish Pitale, J.) the petitioner was permitted to contest the Gram Panchayat election for Gram Panchayat, Kavthal in Ward No.4-C, Tahsil Mangrulpir, District Washim.

(3) Today, it is reported by Shri P.S. Patil, learned counsel for the petitioner that the petitioner was defeated in the election, which was held on 15.01.2021.

908 wp82.21.odt (4) The Full Bench of this Court has taken view in the case of Karmaveer Tulshiram Autade and others Vs. State and Election Commission and others decided on 13.01.2021 in Writ Petition (stamp) No. 26 of 2021 and connected matters, that the writ petition challenging the rejection of nomination paper by the Returning Officer is not maintainable. In view of the law laid down by the Full Bench of this Court, this writ petition is not maintainable. Consequently, the writ petition is dismissed as not maintainable.

(5) Needless to mention, interim order dated 04.01.2021 stands vacated.

JUDGE Wagh