Writ petition challenging Mumbai Municipal Corporation election process dismissed. Court held writ jurisdiction barred under Article 243 ZG; challenge must await election results in appropriate proceedings.
Writ petition dismissed in limine with direction to file challenge after election results.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.69 OF 2007
Mr.Shaikh Javed Abdul Kader ... Petitioner
V/s.
State of Maharashtra & Ors. ... Respondent
Mr.A.M. Saraogi for Petitioner
Mr.G.W. Mattos, AGP, for Respondent No.1
CORAM: R.M. LODHA &
SMT.NISHITAMHATRE, JJ.
DATED: JANUARY 15, 2007
P.C.:
. Mentioned. Not on Board.
2. It is not in dispute that the process of
election for the Mumbai Municipal Corporation has
already commenced. In view of Article 243 ZG of the
Constitution of India, at this stage, therefore,
invocation of writ jurisdiction cannot be permitted. If
aggrieved, the Petitioner can call in question the
election after the election results are declared in
appropriate proceedings in accordance with law.
3. Writ Petition is dismissed in limine.
(R.M. Lodha, J.)
(Nishita Mhatre, J.)
1 issue framed by the court
Whether writ jurisdiction can be invoked to challenge the election process of the Mumbai Municipal Corporation during the election period.
1 provisions across 1 enactments
Mr. Shaikh Javed Abdul Kader
State of Maharashtra
R.M. LODHA
NISHITA MHATRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court