Shri. Suresh Namdevrao Kore v. The Chief Election Commissioner, Maharashtra State , And ANR

2-wp-1414.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1414 OF 2018 Shri Sursh Namdevrao Kore ... Petitioner

Versus

The Chief Election Commissioner, Maharashtra State, Mumbai and Ors.

... Respondents Mr. S.T. Bhosale for the petitioner.

Mr. M.M. Pabale, AGP for respondent no. 2.

CORAM : SHANTANU KEMKAR & NITIN W. SAMBRE, JJ.

DATE :

JUNE 29, 2018 P.C.:

By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 12/9/2017 Exhibit "B" passed by respondent no.1 whereby petitioner's prayer for allotment of symbol for parliamentary elections to be held in the year 2019 has been rejected.

2.

We find that the prayer made by the petitioner through the representation which has been rejected by the impugned order was wholly misconceived and premature as the elections have not been declared as yet. The allotment of symbols to the candidates are nilegaonkar

2-wp-1414.2018.odt done at the time when the elections are declared. In the circumstances, we find no illegality in the impugned order warranting interference in this petition under Article 226 of the Constitution of India. As a result, petition fails and is hereby dismissed.

(NITIN W. SAMBRE, J.) (SHANTANU KEMKAR, J.) nilegaonkar