Bombay High CourtWP/4154/2015dispossed offdismiss for default

Shri. Manohar Bansi Rathod v. The Collector, Yavatmal And Others

2015-07-24Hon'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.4154 OF 2015 (Shri Manohar Bansi Rathod ..vs.. The Collector, Yavatmal 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.

DATED : 24-07-2015 Heard Ms. Kirti Satpute, learned Advocate for the petitioner and Shri D.M. Kale, learned Assistant Government Pleader for the respondent Nos.1 to 3. 2.

The grievance of the petitioner is that the respondent No.4 was wrongly permitted to carry out the corrections in the nomination paper and to show that he intends to contest from Ward No.3-A instead of Ward No.3-B as per the endorsement in his nomination form. 3.

The Deputy Collector Election has filed an affidavit dated 09-07-2015 stating that the permission is granted to the respondent No.4 to carry out the corrections in the nomination paper, as per the instructions/directions given by the State Election Commission. As disputed questions of fact are involved in this case, it would not be appropriate for this Court to examine the challenge raised by the petitioner in the extra-ordinary writ jurisdiction. The petitioner may avail appropriate remedy, if so advised.

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The petition is disposed with liberty to the petitioner as observed above. In the circumstances, the parties to bear their own costs.

JUDGE pma