Pankaj Manikrao Shambarkar v. State Of Maha., Thr. The Returning Officer-10, Nagpur Lok-Sabha Constituency, Nagpur

1wp2321-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2321 OF 2024 Pankaj Manikrao Shambarkar vs. The State of Maharashtra through the Returning Officer-10 ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.D. Hajare, Advocate for the Petitioner/s Shri D.V. Chavhan, Government Pleader for the Respondent-sole/State

CORAM

: ANIL S. KILOR, J.

DATE : 04.04.2024 1.

Heard.

2.

A rejection of nomination paper of the petitioner for the Loksabha election of the Constituency, Nagpur-10 is under challenge, in this writ petition, on the ground that it has improperly rejected.

3.

At the outset, the learned Government Pleader points out that the symbols have already been allotted to the candidates of whom the nomination papers are accepted.

4.

It is submitted that at this stage, after allotment of the symbols, this court may not interfere with the election programme in view of the fact that the petitioner is having a remedy by way of election petition to the rejection of the nomination paper, which is under challenge in this petition. 5.

It is a settled law that once the election programme is started, the interference is not permissible in such election programme.

nd.thawre

1wp2321-24.odt 6.

In that view of the matter, since the remedy, by way of election petition, is available, I am not inclined to entertain the writ petition. Accordingly, the writ petition is disposed of with liberty to the petitioner to file election petition, if he so desires. 7.

Fees of the learned counsel appointed for the petitioner, be paid as per the Rules.

[ANIL S. KILOR, J.] nd.thawre