Moreshwar Anant Chogale And ORS v. Rupesh Gaikwad And ORS
1 WP 1378-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1378 OF 2026 Moreshwar Anant Chogale & Ors.
..Petitioners
Versus
Rupesh Gaikwad & Ors.
...Respondents
WITH WRIT PETITION (ST) NO. 3034 OF 2026 Kaushal Sadanand Wani & Ors.
..Petitioners
Versus
State of Maharashtra & Ors.
...Respondents
Mr. A R Gole, for the Petitioner in WP/1378/2026. Mr. Santosh Jadhav, for the Petitioner in WP(St)/3034/2026. Mr. A C Bhadang, AGP for the Respondent-State in both. Mr. L S Deshmukh (through VC) a/w Ms. Ranjana Todankar, for the Respondent No. 2 in WP/1378/2026.
CORAM:
N. J. JAMADAR, J.
DATE :
06th FEBRUARY 2026 P.C.:
1.
Heard the learned Counsel for the parties.
2.
Mr. Bhadang, the learned AGP seeks leave to tender the affidavit-in-reply of the Election Officer in WP No. 1378/2026. 3.
Leave granted.
by SANTOSH SUBHASH KULKARNI Date: 2026.02.06 14:50:49 +0530 SANTOSH SUBHASH KULKARNI 4.
The affidavit-in-reply is taken on record.
5.
Mr. Bhadang, the learned AGP submits that, the affidavitin-reply in WP (St) No. 3034/2026 is ready and can be filed in the Registry, during the course of the day.
SAINATH 1/2
1 WP 1378-26.DOC 6.
The situation which obtains is that, there is only one panel of which the nomination forms have been accepted as valid. As the elections were to be held on the basis of panel, the question of voting which is scheduled to be held on 07th February, 2026, does not arise. As per the election program, the results are to be declared on 08th February, 2026. 7.
Since, the issues regarding short window period for filing nomination forms, the number of trustees to be elected and the change in the qualification as to duration of residence in village Diveagar are raised, the Court considers it appropriate to post the matter on Monday, after the Election Officer files Affidavitin-reply in WP (St) No. 3034/2021, and, in the meanwhile, direct the Election Officer not to declare the results scheduled to be declared on 08th February, 2026.
8.
Stand over to 09th February, 2026, 'First on Board'. [N. J. JAMADAR, J.] SAINATH 2/2