The Bombay High Court dismissed a writ petition challenging election processes. Relying on Election Commission of India Vs. Ashok Kumar, the court held that interference at this stage would stall elections and allowed the petitioner to file an election petition instead.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1570 OF 2012 "Balu Sahebrao Bodkhe and another Vs. The State Election Commission and others."
Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders
1
Mr. N.N. Tungar, Advocate for petitioner. Mr. S.K. Kadam, AGP for respondent State. Mr. S.T. Shelke, Advocate for respondent No.1.
CORAM :- B.R. GAVAI &
SUNIL P. DESHMUKH, JJ.
DATE :- 15th FEBRUARY, 2012.
PER COURT :-
1] Any interference at this stage, would stall the election process which is not permissible in view of the law laid down by the Apex Court in the case of "Election Commission of India Vs. Ashok Kumar " reported in(2000)8 SCC 216. If the petitioner desires, he may file an election petition. The writ petition is, therefore, dismissed.
[SUNIL P. DESHMUKH,J.] [B.R. GAVAI, J.]
grt/-
3 issues framed by the court
Whether interference at this stage would stall the election process impermissibly.
Whether the writ petition should be admitted or dismissed.
Whether an election petition should be the appropriate remedy instead.
Colour shows how this judgement treated each authority
Election Commission of India Vs. Ashok KumarExplained¶11
Election Commission of India Vs. Ashok Kumar reported in (2000)8 SCC 216 · Who else cites this
Balu Sahebrao Bodkhe and another
The State Election Commission and others
B.R. Gavai
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
