The Petitioner challenged an alleged election. The court found no relief available in writ jurisdiction regarding the particular remedy sought. The petition was disposed of without deciding merits, keeping contentions open, as the Government lacked statutory power to act.
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.
1
wp-9203.12
ash
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 affidavitinreply filed by Shri Abhiman B. Thorat, the Assistant Registrar, Cooperative Societies, Mangalwedha, DistrictSolapur. 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.
2wp-9203.12
ash
(V.L. ACHLIYA, J) (A.S.OKA, J)
3
wp-9203.12
ash
Certified to be true and correct copy of the original signed Judgment/Order.
2 issues framed by the court
Whether writ jurisdiction can grant relief to challenge the alleged election.
Whether the Government has statutory power to take action in absence of such power.
Petitioner
Respondent Nos. 1 to 3 and 5
Respondent No. 4
A.S. OKA
V.L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court