Bombay High CourtCAW/348/2018dismissedrule discharged

Kavita W/O Premanand Gedam v. State Of Maharashtra, Through Secretary, General Administration Department, Mumbai And 4 Others

2018-02-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw348.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.348/2018 IN WRIT PETITION NO.660/2018 Kavita Premanand Gedam ..Vs..

State of Maharashtra and others Applicants : Lomeshwar Parasram Kamble and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Borkar, Advocate for the applicants / intervenors. CORAM : Z.A. HAQ, J.

DATE : 9.2.2018.

By this application, the applicants seek leave to intervene in the proceedings of this writ petition. According to the applicants, the applicant No.1 is member of Grampanchayat and applicant No.2 is a proposed candidate for the elections to be held for the seat which is subject matter of the proceedings. The applicants contend that the petitioner has obtained interim order ex parte, without pointing out to this Court that the election programme is declared on 22nd January, 2018. It is pointed out that this writ petition is filed on 30th January, 2018 i.e. after the declaration of election programme.

After hearing the learned Advocate for the applicants, I find that the applicants cannot be permitted to participate in the proceedings of this writ petition. The lis is between the petitioner and the respondent

2 caw348.18 Nos.1 to 3. I further find that in paragraph No.12 of the writ petition, the petitioner has disclosed that election programme is declared on 22nd January, 2018. It cannot be said that the petitioner has suppressed any relevant fact from this Court while obtaining the interim order. The civil application is dismissed. No costs. JUDGE Tambaskar.