Suresh S/O Shamrao Hedau v. Dr. Vipin Itankar And Others

1 2-3277-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3277 OF 2024 Suresh S/o Shamrao Hedau Vs. Dr. Vipin Itankar and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Petitioner in person Mr. Alap Palshikar, AGP for Respondent - State CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 31st JANUARY, 2025 1.

The petitioner in person seeks a direction to scrutinize the objection of the petitioner raised to the nomination of the respondent Nos.2 and 3 during the course of scrutiny, which objection according to him has not been properly considered, as a result of which, the nomination of respondent Nos. 2 and 3 has been improperly accepted. What is necessary to note, is that the objection, was in respect of the election held in March, 2024, in Nagpur Parliamentary Constituency, which has already been completed.

2.

In terms of Section 100(1)(c) and (d)(i) of the Representation of People Act, the ground for improper acceptance and / or rejection of a nomination paper, is available, to a person in an

2 2-3277-24.odt election petition, which may be filed by a candidate alleging the same. In that view of the matter, since the elections have already taken place and the aforesaid ground is available to be taken by the petitioner in any election petition, which may be preferred by him, we do not see any reason to interfere in the present petition. The petition is dismissed. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 31/01/2025 19:15:46