Sau. Manda W/O Manoj Uparikar v. State Of Maharashtra, Thr. Secretary Rural Development Dept., Mumbai And Others

wp.7731.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7731/2022 (Sau.Manda w/o Manoj Uparikar vs. State of Maharashtra & Others ) ___________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's order of directions and Registrar's orders __________________________________________________________________________________ Mr. P.P. Pendke, Advocate for Petitioner Mr.A.M.Deshpande, Additional Government Pleader for Respondents 1 to 3

CORAM

: A.S. CHANDURKAR & ANIL L.PANSARE, JJ.

DATED : 8th December, 2022.

The Petitioner seeks to challenge the acceptance of nomination form of Respondent No.6, by urging that in the list of candidates who had submitted their nomination forms on 2.12.2022, the name of Respondent no.6 has been struck off. However, subsequently it was shown that she had filed her nomination form for contesting election to the post of Sarpanch. According to the Petitioner, she was the only candidate who had submitted her nomination form for the post of Sarpanch. Though a request was made to the Returning Officerrespondent no.5, to supply the nomination form of the Respondent no.6, that request has not been considered.

We find that the election programme has commenced and as of today, the symbols have been allotted to the validly nominated candidates. Since the factual issues raised by the Petitioner would require resolution, we are not inclined to exercise the writ jurisdiction since the election process are commenced. However, the Respondent no.5 shall consider the Petitioner's application dated 05.12.2022 as submitted, within a period of four days from the date of receipt of this

wp.7731.22 order, if there is no legal impediment. Writ Petition is dismissed with liberty to raise appropriate dispute after the results are declared. Authenticated copy of this order be supplied to the learned counsel for the parties.

[ANIL L. PANSARE, J.] [A.S.CHANDURKAR, J.] sahare BHAGWANTRAO SAHARE Location: