Petitioner, barred by alternative remedy under the Maharashtra Universities Act, had writ disposed allowing attention of appellate authority to intervene expeditiously for election dispute resolution.
Petition disposed with liberty to invite attention of appellate authority to order expeditious decision within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO.885 OF 2011
Dr.Gangadhar V. Kayande Patil : Petitioner V/s.
The State of Maharashtra & Ors. : Respondents ....
Ms Prabha Badadare for the petitioner.
Ms S.S.Bhende, Asstt. Govt. Pleader for respondent nos.1 & 2.
.... CORAM : A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ.
DATE : MARCH 30, 2011.
P.C.:
Counsel for the petitioner submits that the petitioner has already
filed an appeal as provided under section 37 of the Maharashtra Universities Act challenging the rejection of nomination papers of the petitioner in relation to elections held in February 2011 by Pune University. The petitioner will have to pursue the said remedy to its logical end. The fact that such appeal has not been decided so far can be no ground to entertain this petition for the same relief. Hence, this petition is disposed of with liberty to the petitioner to invite the attention of the appellate authority to this order. We hope and trust the appellate authority shall decide the pending proceedings expeditiously, preferably
2
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within six weeks from the date this order is brought to the notice of the authority as the matter pertains to election dispute.
Petition disposed of on the above terms.
(A.M. KHANWILKAR, J.)
MRIDULA BHATKAR,J.)
1 issue framed by the court
Whether a writ petition can be entertained for election dispute relief when the petitioner has an alternative remedy pending appeal.
Dr.Gangadhar V. Kayande Patil
The State of Maharashtra
A.M. KHANWILKAR
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
