Bombay High CourtWP/4264/2015dispossed offdismiss for default

Shri. Sandeep S/O. Naresh Singh v. The State Of Maharashtra, Through Collector, Chandrapur 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.4264/2015 Shri Sandeep s/o Naresh Singh ..Versus..

The State of Maharashtra, through Collector, District Chandrapur 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 : 24.7.2015 Heard Shri A.N. Ansari, the learned advocate for the petitioner and Ms. M.N. Hiwase, the learned advocate for the respondents 1, 2 and 4.

The grievance of the petitioner is that the objection submitted by the petitioner to the eligibility of the respondents 5 to 91 to contest the elections of the Grampanchayat has not been considered by the Returning Officer. It is submitted that some of the respondents are disqualified as per Section 14(1)(j-3) of the Maharashtra Village Panchayats Act as they have encroached on government land. It is submitted that the respondents 5 to 91 are disqualified being the employees of Western Coalfields Limited which is an undertaking of

2 wp4264.15 Government of India. It is submitted that the respondents 5 to 91 being employees of Western Coalfields Limited i.e. undertaking of Government of India, they are disqualified to contest the elections as per Section 14(1)(i) of the Maharashtra Village Pachayats Act. In my view, this is not a fit case to entertain the writ petition as disputed questions of fact are involved. The petitioner would be at liberty to seek redressal of his grievance by filing proper proceedings, if so advised The writ petition is disposed of. No costs. JUDGE Tambaskar.