Dismissed

Ramjanikha Nawabkha and Ors. v. the State of Maharashtra and Ors.

Bombay HC6 Apr 2010WP/3026/2010

Case brief

AI extract

What is this about?

Petitioners sought postponement of simultaneous local body and cooperative society elections under Article 226. The petition was withdrawn with liberty to approach the Collector. The Court dismissed the petition, directed decision on the representation before the election date, and retained no judgment on merits.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to file representation with Respondent No. 1; Collector to decide representation before 11/4/2010.

Ramjanikha Nawabkha and Ors. Vs the State of Maharashtra and Ors. — Election Law | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3026 OF 2010

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Ramjanikha S/o Nawabkha and oths. .... PETITIONERS

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V E R S U S

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The State of Maharashtra & Oths. .... RESPONDENTS

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Mr. K.F.Shingare, Advocate for petitioners.

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Mr. K.J.Ghute Patil, Assistant Govt. Pleader for State.

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CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ.

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DATE : 06/04/2010

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PER COURT :

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By this petition under Article 226 of the Constitution of India, the petitioners pray for postponing the elections scheduled to be held on 11/4/2010 in respect of respondent no. 2 – Municipal Corporation , Aurangabad and respondent no. 4 – Sompuri Vividh Karyakari Seva Sahakari Sanstha Maryadit, Sompuri, Tq. Paithan, Dist. Aurangabad on the ground that elections of respondent nos. 2 and 4 are scheduled to be held on the same day. According to the petitioners, this would pose serious difficulties to them in the exercise of their right

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of franchise.

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After arguing for some time, Mr. Shingare, learned counsel for the petitioner seeks to withdraw this petition with liberty to file representation with respondent no. 1 seeking the prayer to postpone the elections. We, therefore, dismiss this petition as withdrawn with aforesaid liberty. We further direct that if the representation is submitted by tomorrow, respondent no. 1 to decide the same in accordance with law before 11/4/2010. We make it clear that we have not dealt with the challenges raised in this petition on its merits. Respondent no. 1 to decide the representation uninfluenced with the fact that we have direct the respondent no. 1 to decide the representation before 11/4/2010. Learned Assistant Govt. Pleader undertakes to communicate this order to the respondent nos. 1 to 3.

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In the circumstances, there shall be no order as to costs. The parties to act upon copy of this Order duly authenticated by the Court Shirastedar.

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[ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE

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knp/WP 3026.10

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Ramjanikha Nawabkha and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ramjanikha Nawabkha and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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