Sima W/O Santosh Thakre v. The Collector, Yavatmal And Another

wp83.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.83/2021 Sima w/o Santosh Thakre .vs. The Collector, Yavatmal and anr. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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and Registrar'

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Mr. M. P. Kariya, Advocate for petitioner.

Mrs. M. A. Barabdhe, A.G.P. for respondent nos. 1 and 2. CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 15, 2021 Heard Mr. Kariya, learned counsel for petitioner and Mrs. Barabdhe, learned A.G.P. for respondent nos. 1 and 2. By this writ petition, the petitioner is challenging order passed by respondent no.2-Election Officer in not accepting the nomination paper of the petitioner, who has contested the election from Ward No.3 of village Goregaon. This Court (Coram: Manish Pitale, J.) on 04.01.2021 granted interim relief in favour of the petitioner, subject to the result of this writ petition.

Learned counsel for petitioner submits that the petitioner contested the election and got elected. In the meanwhile, 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, held that writ petition challenging rejection of nomination papers is not maintainable. Hence, the writ petition is dismissed as not maintainable. Since writ petition itself is not maintainable, interim order dated 04.01.2021 stands vacated and its consequences to follow.

JUDGE kahale