A single judge disposed of a writ petition challenging an election. Counsel submitted that the Government lacks statutory power to intervene. The Court held no writ relief was available and disposed of the petition keeping all merit contentions open.
Disposed of the petition keeping the remedy open and all contentions on merits open.
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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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.9203 OF 2012
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
Shri Sarang S. Aradhye for the Petitioner. Shri A.I.Patel, AGP for the Respondent Nos.1 to 3 and 5. Shri PG. Sarda for the Respondent No.4.
CORAM : A.S. OKA & V.LACHLIYA, JJ DATED : 4TH SEPTEMBER 2015
P.C.:
. Heard the learned counsel appearing for the Petitioner. We have perused the affidavit-in-reply filed by Shri Abhiman B. Thorat, the Assistant Registrar, Co-operative Societies, Mangalwedha, District-Solapur. The case of the fourth Respondent that the election has been already held has been dealt with in the said affidavit. The affidavit records that in absence of any statutory power, the Government is unable to take any action.
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(V.L. ACHLIYA, J) (A.S.OKA, J)
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Certified to be true and correct copy of the original signed Judgment/Order.
2 issues framed by the court
Whether the Court can grant writ relief challenging a so-called election in the absence of statutory power for the Government to act.
Whether the petition should be disposed of while keeping the merit of the case open for future remedy.
Petitioner
Respondent Nos.1 to 3 and 5
Respondent No.4
A.S. OKA
V. LACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court