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Bombay High CourtWP/6747/2022dismissed

Dr. Sunil S/O Vitthalrao Kodape v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education, Mumbai And Others

2022-11-17Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 1wp6747.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6747 OF 2022 Sunil Vitthalrao Kodape__ Vs. ___State of Maharashtra and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. I.G.Meshram, Advocate for petitioner Mr. I.J.Damle, AGP for respondent nos. 1 & 6 Mr. S.S.Ghate, Advocate for respondent nos.2 & 3 Mr. P.D.Meghe, Advocate for respondent nos. 4 & 5 CORAM :

AVINASH G. GHAROTE, J.

DATE : 17/11/2022 1] Heard Mr.Meshram, learned counsel for the petitioner.

2] The petition challenges the order dated 13.10.2022 (pg 80) whereby the appeal filed by the petitioner has been rejected.

3] It is submitted that since the name of the petitioner was not included in the preliminary voters list published on 21.9.2022, a complaint was lodged by the petitioner on 23.9.2022 (pg 78) with the Returning Officer. According to Direction 29-I of 2022, the complaint was to be decided within the period of three days, which has not been done. It is against this inaction that appeal was preferred, which is rejected by the impugned order.

(2) 1wp6747.22 4] The process of election has already commenced and the present stage is that the balloting has to take place on 20.11.2022, considering which I am not inclined to interfere in the election process, which has already commenced and is at the stage indicated above. The petition is therefore dismissed. No costs. 5] Needless to say that the petitioner will be entitled to raise and air his grievance in any proceedings which are legally permissible to him before any authority, consequent to the election.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: