Parag S/O Chandrashekhar Chimote v. Election Commissioner, State Of Maharashtra And ORS.

Order 0706pil12.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 12/2017.

Parag Chandrashekhar Chimote -VERSUSElection Commissioner, State of Maharashtra and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND R.B. DEO, JJ.

DATE : JUNE 07, 2017.

Heard Shri S.G. Joshi, learned counsel for petitioner, Shri J.B. Kasat, learned Counsel for respondent nos.1 and 4 and Shri D.P. Thakare, learned A.G.P. for respondent nos.2 and 3 for some time. 2.

Learned counsel for petitioner submits that fortunately on this occasion, when the Sports Complex was used for the purpose of counting after elections, no damage has been caused to the sports facilities or ground. He further makes a grievance that for about 2 months the complex could not be used by players. 3.

According to him other alternatives like Bahat Bhavan, Nemani Godown and other open grounds were available and could have been used by

Order 0706pil12.17 avoiding sports complex.

4.

Learned counsel for respondents submit that sports complex was chosen after due application of mind. Learned counsel for respondent nos.1 and 4 submits that alternative place suggested by the petitioner were not convenient.

5.

We do not wish to go into any disputed questions at this stage. Whenever occasion to use the sports complex again for such purpose arise, the Authorities shall first ascertain as to why other alternatives are not convenient. If the other alternatives are not feasible/convenient, then only they can think of using the sports complex. However, at that juncture full precaution should be taken to avoid any damage to the facilities and also to ensure user for a minimum period.

6.

If the petitioner feels aggrieved after such a decision or any other cause arises, we grant leave to petitioner to approach this Court again. With these directions, we dispose of the present Public Interest Litigation. No costs.

JUDGE JUDGE Rgd.