Petitioner sought postponement of APMC elections citing pending election of Seva Sahkari Societies. Court dismissed the petition, stating High Court should not interfere in election processes.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5023/2015
Yogesh Manikrao Deshmukh
...Versus...
The State of Maharashtra, Through the Principal Secretary, Cooperation, Marketing and Textiles Department, Mantralaya, Mumbai – 32 and others
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri D.A. Mahajan, Advocate for petitioner Shri D.M. Kale, AGP for respondent nos.1, 2 and 4
CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ. DATE : 28.08.2015
By this petition, the petitioner seeks a direction for postponement of the election to the respondent no.6 – Agricultural Produce Market Committee till the completion of the election of the Seva Sahkari Societies in Bhatkuli, Ashti and Asra, District Amravati.
It appears that the election programme was declared on 20.7.2015 by the notification issued by the Collector – Election Officer. The nomination forms were required to be submitted from 20.7.2015 till 3.8.2015. The nomination forms were to be scrutinized on 5.8.2015 and the names of the contesting candidates were to be declared on 7.8.2015. After the decision on appeal, if any, the final list of valid nominations were required to be published on 25.8.2015 as per the election
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programme. Today, the respondent – Election Officer is liable to give the symbols to the contesting candidates. The petition has been filed on 27.8.2015 and circulated for today.
If the list of voters was not proper and valid, the petitioner ought to have filed appropriate proceedings immediately. The election process cannot be scuttled and stalled by the High Court in exercise of the writ jurisdiction, as it would amount to interference in the election process.
In view of the aforesaid, the writ petition is dismissed with no order as to costs.
JUDGE JUDGE
Wadkar
Yogesh Manikrao Deshmukh
The State of Maharashtra, Through the Principal Secretary, Cooperation, Marketing and Textiles Department
Vasanti A. Naik
A.I.S. Cheema
As recorded by the court registry
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