Bombay High CourtWP/3264/2016dispossed offdismiss for default

Smt. Sunanda Manohar Uikey And Others v. District Deputy Registrar Gondia And Others

2016-06-10Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3264/2016 Smt. Sunanda Manohar Uikey and others ..Versus..

District Deputy Registrar, Vasant Nagar, Gondia and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 10.6.2016 Heard Shri O.L. Gupta, Advocate for the petitioners and Ms. H.N. Prabhu, A.G.P. for the respondent Nos.1 and 2. The petitioners have approached this Court with the grievance that the nomination forms are rejected illegally and the appeal filed by them is not decided by the competent Authority till date.

The nomination forms of the petitioners were rejected on 15th May, 2016. The petitioners had filed appeal against this order before the respondent No.2 - Tahsil Co-operative Election Officer. The appeals are dismissed on 19th May, 2016. Against the order passed by the respondent No.2 - Tahsil Co-operative Election

2 wp3264.16 Officer, the petitioners have filed appeal before the respondent No.1 - District Deputy Registrar. The petitioners have not been able to show that the second appeal filed by the petitioners before the respondent No.1 - District Deputy Registrar is maintainable. Be that as it may, the second appeal filed by the petitioners is pending since 23rd May, 2016. The petitioners have filed this petition today i.e. 10th June, 2016 and the elections are to be held on 12th June, 2016. In these facts, it would not be appropriate for this Court to interfere in the matter specially when disputed questions of facts are involved. Hence, the petition is dismissed. The issues raised by the petitioners are not adverted to on merits and it would be open for the petitioners to raise election dispute, if so advised.

JUDGE Tambaskar.