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Bombay High CourtWP/287/2020dismissedrule discharged

Mohan S/O Jijeba Gore v. State Of Maharashtra, Through Its Secretary, General Administration Department, Mumbai

2020-01-15Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 935.WP287.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.287/2020 Mohan Jijeba Gore Vs. State of Maharashtra and others. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri Kshitij N. Jain with S. S.Dhengale, Advocate for the petitioner. Ms. A. R. Kulkarni, Assistant Government Pleader for respondent Nos. 1 and 2.

CORAM : R.K. DESHPANDE & A.S. CHANDURKAR, JJ.

DATED : 15th JANUARY, 2020.

.

The petitioner, who is claiming himself to be ex-serviceman and claims to have contested Election for the post of Memeber of Zilla Parishad, Tamsi Circle, District - Washim in the General Elections-2019 as a Member of Bhartiya Janata Party has challenged the Election of respondent No.4. The petition claims relief of recounting of votes and interim relief is claimed to stay the result of Election.

2.

Section 27 of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, provides complete machinery for determination of validity of Elections by a person of the rank of District Judge. There is a limitation also provided for filing such Election Petition. The result of the Election was declared on 08.01.2020. Without having recourse to the remedy of Election Petition, this Writ Petition is filed knowing fully well on existence of such remedy.

2 935.WP287.20.odt 3.

We, therefore, dismiss this Writ Petition being vexatious litigation with costs of Rs.25,000/- to be deposited in this Court, within a period of two weeks from today. 4.

Put up this matter to see the compliance of the matter.

JUDGE JUDGE RGurnule