Rupali Sambhaji Jadhav v. State Of Maharashtra Thr Its Secretary Rural Development And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1308 OF 2026 [WRIT PETITION (STAMP) NO.2296 OF 2026] Rupali Sambhaji Jadhav, ] R/o. Post Waki Bk.. Tal. Khed, Dist. Pune ] .. Petitioner

Versus

1. State of Maharashtra, ] Through Rural Development Department ]

2. State Election Commission, ] Maharashtra State ]

3. Zilla Parishad, Pune ]

4. Returning Officer for Ward No.23 Retwadi, ] Zilla Parishad, Pune ]

5. Dipti Prasad Bhogade ]

6. Alaka Raju Bhogade ] .. Respondents Mr. Rajesh Kachare with Mr. Jotiram R. Jadhav, Advocates for the Petitioner.

Mrs. Neha S. Bhide, Government Pleader with Mr. B.V. Samant, Additional Government Pleader and Mrs. G.R. Raghuwanshi, Assistant Government Pleader for the Respondent-State of Maharashtra.

Mr. Sachindra Shetye with Mr. Akshay Pansare, Advocates for Respondent Nos.2 and 4.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 28TH JANUARY 2026.

P.C. :

Not on Board. Upon mentioning, taken on Production Board. 2.

Aggrieved by the order dated 22nd January 2026 by which the objection raised by the petitioner to the candidature of the respondent nos.5 and 6 has not been accepted, the petitioner has approached this Court. Mr. Rajesh Kachare, the learned counsel 1/2 502-WP(ST)-2296-2026.doc Dixit

for the petitioner refers to the provisions under sections 16(1)(i) and 16(B)(a) of the Maharashtra Zilla Parishad and Panchyayat Samitis Act, 1961 and submits that the respondent nos.5 and 6 are not eligible for contesting the elections inasmuch as there is a partnership firm in which the husband of the respondent no.5 is a partner, which has been granted contract by the Zilla Parishad. Further, the respondent no.6 who is Chairman of Co-operative Society, namely, Jay Ganesh Majoor Sarkari Sanstha is stated to be direct beneficiary of the respondent no.3. In that view of the matter, respondent nos.5 and 6 are disqualified to contest the elections of Zilla Parishad.

3.

Whether the candidature of respondent nos.5 and 6 is invalidated in view of the above mentioned provisions of the 1961 Act is a question of fact. Such adjudication cannot be done by this Court under its extraordinary jurisdiction under Article 226 of the Constitution of India. In light of the same, this Writ Petition No.1308 of 2026 cannot be entertained and the same is dismissed.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2026.03.04 16:06:14 +0530 2/2 502-WP(ST)-2296-2026.doc Dixit SNEHA ABHAY DIXIT