1 IN THE HIGH COURT
The writ petition was permitted to be withdrawn with the points raised kept open for the petitioner to pursue before the Scrutiny Committee.
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.
Order
1010wp4105.14
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 4105/2014.
Vandana Vilas Borkar - VERSUS- , The State of Maharashtra and others.
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar's Orders.
Court's or Judge's orders.
Shri F.T. Mirza, Advocate for the petitioner. Shri M.K. Pathan, A.G.P. for respondent nos.1 to 3. Shri V.P. Panpaliya, Advocate for respondent no.4. Shri M.V. Samarth, Advocate for Respondent no.5.
CORAM : SMT. VASANTI A NAIK & P.R. BORA, JJ.
DATED : OCTOBER 10, 2014.
Heard.
Shri M.K. Pathan, the learned Assistant
Government Pleader on behalf of the respondent nos. 1 to 3 raises a preliminary objection to the tenability of the Writ Petition on the ground of locus standi and also on the ground that the petitioner ought to have approached the Scrutiny Committee for seeking cancellation of the validity certificate of the respondent
Order
1010wp4105.14
2
no.5, if the petitioner is of the view that the said validity certificate was obtained by fraud.
It is submitted that the prayer made in prayer clause (b) cannot be granted as the petitioner would be required to file an election petition for seeking the said relief.
Shri F.T. Mirza, the learned counsel for the petitioner, at this stage, states that the petitioner may be permitted to withdraw the writ petition by keeping the points raised in the writ petition in regard to the validity certificate, open as the petitioner intends to file
an appropriate application before the Scrutiny Committee for cancellation of the validity certificate of the respondent no.5 on the ground that it was secured by fraud.
In view of the aforesaid, the petitioner is permitted to withdraw the writ petition.
The points raised in the petition are kept
open.
JUDGE JUDGE
Rgd
Vandana Vilas Borkar
The State of Maharashtra
Vasanti A Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
