Petitioner alleged unfair election of a trust as the father of the Returning Officer was a trustee. Court held apprehension unfounded and directed objection under the Bombay Public Trust Act instead. Petition rejected.
Petition rejected; pending civil application disposed of.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 3059 OF 2014
Bhagwan s/o Daga Mahajan .. PETITIONER
VERSUS The State of Maharashtra & others .. RESPONDENTS
Mr. A. S. Deshmukh, advocate for petitioner. Mr. K.G. Patil, AGP for the State.
Mr. S. H. Tripathi, advocate for respondent no. 4.
CORAM : R.M. BORDE & A. M. BADAR, JJ. DATE : 4th APRIL, 2014.
PER COURT :
statement that father of the Returning Officer i.e. respondent no. 5 is not
desirous of contesting election. Petitioner has alleged that respondent no. 5 is the son of one of the trustees of the trust and as such election of the
trust under the supervision of respondent no. 4 will not be fair. Apprehension expressed by petitioner is unfounded since father of respondent no. 5 is reportedly not contesting the election. It would be open
for the petitioner to raise objection to the process of election and conduct
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thereof under section 22 of the Bombay Public Trust Act at the stage of consideration of change report. In view of above, no interference is called for in the petition. Petition stands rejected.
disposed of.
( A. M. BADAR ) ( R. M. BORDE ) JUDGE JUDGE dyb
1 issue framed by the court
Whether intervention is needed regarding the apprehension of unfair election of a trust due to the father of the Returning Officer being a trustee.
1 provisions across 1 enactments
Bhagwan s/o Daga Mahajan
The State of Maharashtra
A. M. Badar
R. M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
