Dismissed

Shri. Afjal Mubaraq Sutar v. Shri. Sajjad Ibrahim Warunkar and Ors.

Bombay HC5 Dec 2011LPA/372/2011

Case brief

AI extract

What is this about?

This appeal challenges a Single Judge's order declining interim relief to stay the municipal election process. The High Court upheld the rejection of interim relief, stating that drastic orders could not be made, and the appellant remains free to challenge the election via an Election Petition later.

What did the court decide?

No order as to costs. Civil Application No. 463 of 2011 disposed of.

Shri. Afjal Mubaraq Sutar Vs Shri. Sajjad Ibrahim Warunkar and… — Election Law | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE CIVIL JURISDICTION

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LETTERS PATENT APPEAL NO. 372 OF 2011

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IN WRIT PETITION NO. 10468 OF 2011

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WITH

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CIVIL APPLICATION NO. 463 OF 2011 IN LETTERS PATENT APPEAL NO. 372 OF 2011 IN WRIT PETITION NO. 10468 OF 2011

Afhajal M. Sutar

....Appellant.

Vs.

Ajjad Ibrahim Warunkar & Ors.

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...Respondents.

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Mr. A.V. Anturkar i/by Mr. S.B. Deshmukh for the Appellant. Mr. B.D. Joshi for Respondent No.1 Mr. S.B. Shetye for Respondent No.2.

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CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ.

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DATE :- 5 DECEMBER, 2011.

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P.C. :-

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Not on board. Mentioned. Taken on board.

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2 By this Appeal, the Appellant who is a Petitioner in Writ Petition

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No. 10468 of 2011, challenges the order passed by the learned Single

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Judge dated 2 December 2011 to the extent that it declines to grant

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interim relief in favour of the Petitioner. The consequence of grant of interim relief in favour of the Petitioner would be either staying the entire process of election of a particular Ward of Municipal Council or to permit the Petitioner to contest the Election. The nomination papers of the Petitioner has been rejected by the Appellate Authority. In our opinion, granting both the interim reliefs which were indicated above would have resulted in making an interim order which is of drastic nature.

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3 In our opinion, the learned Single Judge has rightly declined to grant that interim relief. The consequence of the order of the learned Single Judge declining to grant interim relief is that the Appellant cannot contest the election. However he is free to challenge the election after the election is completed, in an Election Petition. He can also prosecute the Writ Petition which has been admitted by the learned Single Judge. In our opinion, no case is made out to interfere with the impugned order.

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4 The Appeal is rejected. There shall be no order as to costs.

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5 The Civil Application No. 463 of 2011 is also disposed of.

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(ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)

Shri. Afjal Mubaraq Sutar v. Shri. Sajjad Ibrahim Warunkar and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Afjal Mubaraq Sutar v. Shri. Sajjad Ibrahim Warunkar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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