Ashwini Rakesh Alchettiwar v. The State Election Commission, Through Election Commissioner, Mumbai

wp86.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.86/2021 Ashwini Rakesh Alchittiwar .vs. The State Election Commission, through Election Commissioner and anr.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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and Registrar'

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Mr. M. N. Ali, Advocate for petitioner.

Mr. J. B. Kasat, Advocate for respondent no.1. Mr. A. M. Kadukar, A.G.P. for respondent no. 2. CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 10, 2021 Heard Mr. Ali, learned counsel for petitioner. This writ petition was filed by the petitioner challenging the order dated 31.12.2020 passed by respondent no.2, whereby her nomination papers to contest election from Gram Panchayat, Pimpalkhuta was rejected.

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 however she got defeated. 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, 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