The Bombay High Court declined to interfere in a writ petition challenging the election of a Sarpanch, holding that no interference was permissible at the stage prior to the election being held.
The writ petition was disposed of; no interference in the election process ordered.
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.
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1244.14 wp.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1244 OF 2014
Dilip Suklal Patil
Petitioner/s
Versus
State of Maharashtra and others.
Respondent/s
Mr. B.R. Kedar,advocate for the petitioner.
Mr. S.V. Kurundkar, GP for the Respondents.
CORAM : S.C. DHARMADHIKARI &
RAVINDRA V. GHUGE, JJ.
DATE : 7TH FEBRUARY, 2014.
PER COURT:
1] Heard learned counsel for the petitioner.2]Perused the petition and annexures thereto.
We do not think that we should interfere at this stage
in our jurisdiction under Article 226 of the
Constitution of India. The election of the Sarpanch
is scheduled today at 2.00 p.m.
3]In the event, those, allegedly disqualified,
participate and vote in the election, then, all such
actions on their part and equally, the election, would
have to abide by such proceedings, as the petitioner
may institute, in accordance with law.
{2} 1244.14 wp.odt
4]Needless to clarify that this writ petition
cannot be entertained and at this stage to question
the process of election of Sarpanch.
5]Writ petition is accordingly disposed of.
[RAVINDRA V. GHUGE][S.C. DHARMADHIKARI]
JUDGEJUDGE.
grt/-
2 issues framed by the court
Whether the Court can interfere in the process of election of a Sarpanch scheduled to be held on the same day.
Whether the writ petition can be entertained at this stage to question the Sarpanch election.
1 provisions across 1 enactments
Dilip Suklal Patil
State of Maharashtra
S.C. Dharmadikari
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court