Vikram Deepak Gavande v. The State Election Commission Of Maharashtra Thro. Its Chief Election Officer

507-WP-16260-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2025.12.02 11:24:59 +0530 WRIT PETITION NO.16260 OF 2025 BALAJI GOVINDRAO PANCHAL Mr. Vikram Deepak Gavande .. Petitioner Vs.

The State Election Commission & Ors.

.. Respondents ...

Mr. B. Rais i/by Mr. S. D. Rankhambe, Advocate for the Petitioner. Ms. Neha Bhide, GP a/w Mr. O. A. Chandurkar, Addl. GP & Ms. Pooja Patil, AGP for the Respondent-State.

...

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, JJ DATE : 28th NOVEMBER 2025.

P.C. :

The petitioner prays for the following reliefs :- "(a) this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate writ, order, or direction quashing and setting aside the Disqualification Order dated 18.11.2025 passed by the Scrutiny Officer, Respondent No.4, which erroneously disqualified the Petitioner from contesting the Palghar Municipal elections scheduled to be held on 02.12.2025;

(b) this Hon'ble Court be pleased to issue a direction to the Respondents to include the name of the Petitioner in the list of valid candidates and ballot papers for the upcoming Palghar Municipal Corporation elections 2025;

(c) this Hon'ble Court be pleased to pass an interim order or direction restraining the Respondents from excluding or deleting the name of the Petitioner from the electoral rolls or ballot papers for the said election pending final disposal of this writ petition; (d) this Hon'ble Court be pleased to direct the Respondents to hold the election proceedings in a fair, transparent, and lawful manner in accordance with the principles of natural justice and the constitutional and statutory provisions governing municipal elections;

(e) this Hon'ble Court be pleased to declare that there was no continuing or subsisting contractual relationship between the Petitioner and Respondent No.3 as on the date of scrutiny and 1/2 Panchal

507-WP-16260-25.doc nomination, particularly in light of the expiry of the contract period and issuance of the No-Dues Certificate dated 16.11.2025, thereby affirming the Petitioner's eligibility to contest the elections; (f) this Hon'ble Court be pleased to declare that the act of disqualifying the Petitioner without providing an opportunity of hearing or a fair chance to clarify facts violates the principles of natural justice and the Petitioner's fundamental rights under Articles 14, 15, 17, 19 and 21 of the Constitution of India; (g) for costs; and (h) pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to ensure complete justice."

2.

Mr. B. Rais, the learned counsel for the petitioner, on instructions, seeks permission to withdraw this writ petition with liberty to avail of appropriate remedy in accordance with law. 3.

Writ Petition No.16260 of 2025 is dismissed as withdrawn with liberty as prayed for.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] 2/2 Panchal