Bombay High CourtWP/178/2016dismissedrule discharged

Shri Sudhakar Bapuji Medpalliwar v. The State Of Maharashtra Thr The Principal Secretary, And Another

2016-01-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp178.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 178 OF 2016 (SUDHAKAR BAPUJI MEDPALLIWAR...VS..THE STATE OF MAH. & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JANUARY 22, 2016.

Heard Shri M.V.Samarth, advocate for the petitioner and Ms Rashi Deshpande, A.G.P. for the respondent Nos. 1 and 2.

Considering the submissions made in paragraph No.5 of the affidavit filed on behalf of the respondent NO.2District Co-operative Election Officer, it is clear that the disputed questions of facts are involved which cannot be considered at this stage in the writ petition. The election programme is already declared and the process has started. In the circumstances, it would not be proper for this Court to interfere in the writ jurisdiction. The petition is dismissed. In the circumstances, the parties to bear their own costs.

It is clarified that the legality of the challenge raised in this petition has not been examined by this Court and it would be open for the petitioner to raise the challenges in appropriate proceedings.

2 wp178.16 CAW NOS. 139/2016 & 128/2016 In view of disposal of the writ petition the civil applications for intervention do not survive and they are disposed of as infructuous.

JUDGE RRaut..