Vishwas Hariba Kamble v. The State Election Commission, Through Its State Election Commissioner And ORS

BDP 505 WP-1360-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1360 OF 2026 Mr. Vishwas Hariba Kamble .... Petitioner.

V/s The State Election Commission Through State Election Commissioner & Ors.

....Respondent.

Mr. Milind S. Bansode (through V.C.), with Mr. Laxman S. Kale, advocates for the petitioner.

Mr. Sachindra B. Shetye with Ms. Dhanashri Mondkar and Mr. Nipun Sawane, advocates for respondent nos. 1 and 3. Mrs. G.R. Raghuwanshi, AGP for the respondent no.2. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 29TH JANUARY 2026 P.C. :

Not on Board. Upon mentioning by the petitioner, the matter is taken on Production Board.

2.

The petitioner who seeks to contest Panchayat Samiti's election from Block No.8 of Andhori, Taluka Ahmedpur, District Latur is seeking the following reliefs :- "A] This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, directing the respondent No.3 to treat the petitioner's nomination form as duly submitted and valid.

B] This Hon'ble Court may be pleased to declare that the nomination form alongwith the security deposit submitted by the petitioner on 21.01.2026 was lawfully tendered within time alongwith security deposit.

C] This Hon'ble Court may be pleased to direct the respondent No.3 to issue acknowledgment/receipt of nomination form for Andhori Block No.8, Ahmedpur

BDP 505 WP-1360-26.doc Panchayat Samiti Election and deposit forthwith. D] Pending hearing and final disposal of this writ petition, this Hon'ble Court may be pleased to grant stay to the further election progress in respect of the Andhori Block No.8 Panchayat Samiti Election, Ahmedpur, Tal. Ahmedpur, Dist. Latur.

E] Pending hearing and final disposal of this writ petition, the petitioner prays that this Hon'ble Court may be pleased to restrain the Respondent No.3 from rejecting or ignoring the petitioner's nomination form of Andhori Block No.8, Panchayat Samiti Election, Ahmedpur, Tal. Ahmedpur, Dist. Latur. F] Ad interim relief in terms of prayer clause "D" and/or "E" may kindly be granted.

G] Any other appropriate relief may kindly be granted in favour of the petitioner."

3.

The petitioner states that he has submitted Form-AB at 3:00 P.M. on 21st January 2026 but his nomination paper was not accepted by the Election Returning Officer. According to the petitioner, on 22nd January 2026, he received reply indicating that the nomination paper vide Form-AB was not submitted by him by the prescribed deadline. In the aforementioned factual background, Mr. Milind Bansode, learned counsel for the petitioner submits that a direction may be issued to the Election Returning Officer to accept the nomination paper of the petitioner so as to contest the election. The petitioner who states that he has submitted his Form-AB by 9:00 P.M. on 21st January 2026 is required to lead evidence in properly instituted proceedings. This fact that the petitioner submitted his nomination paper before the deadline which is denied by the respondents, cannot be adjudicated in the writ proceedings. 4.

Writ Petition No.1360 of 2026 is dismissed.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2026.02.09 13:43:14 +0530