Dismissed

Namdeo S/O. Baban Dahule v. State of Maharashtra Thr. Secretary, Rural Development Dept., Mantralaya, Mumbai and Others

Bombay HC31 Mar 2016PIL/49/2016

Case brief

AI extract

What is this about?

In PIL No. 49/2016, the Nagpur Bench held that holding elections for vacant constituencies for a short term to ensure representation is not against public interest. The petition challenging the election programme was dismissed as without merit.

What did the court decide?

The Public Interest Litigation filed for quashing the election programme is dismissed.

Namdeo S/O. Baban Dahule Vs State of Maharashtra Thr. Secretary… — Election Law | Bombay HC (2016)

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31.03.pil.49.16

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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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PUBLIC INTEREST LITIGATION NO. 49/2016

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(Namdeo s/o Baban Dahule vs. State of Maharashtra and others )

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................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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Mr. Anand Parchure, Advocate for petitioner

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Mr. T.A.Mirza, A.G.P. for respondents

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CORAM : B.R.GAVAI & Mrs. SWAPNA JOSHI, JJ. DATED : 31^st March, 2016.

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Heard Mr. Anand Parchure, learned counsel for the petitioner.

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The present Public Interest Litigation is filed for quashing and setting aside the election programme which is annexed to the petition as Annexure II. It is the condition of the petitioner that the policy of the respondent no. 2 in holding elections for the vacant constituencies of Zilla Parishad and Panchayat Samiti as against public interest. He submits that the term of the present Zilla Parishad is likely to come to an end in the month of February, 2017 and, as such, holding elections for such a short period is not in the public interest.

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We do not find that if the State Election Commission wants to fill in the vacant posts, may be for a period of one year so that the constituencies do not remain unrepresented, it can be said to be

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31.03.pil.49.16

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against public interest.

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The Public Interest Litigation is found to be without merit and deserves to be dismissed, which we direct.

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JUDGE

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JUDGE

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sahare

Namdeo S/O. Baban Dahule v. State of Maharashtra Thr. Secretary, Rural Development Dept., Mantralaya, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Namdeo S/O. Baban Dahule v. State of Maharashtra Thr. Secretary, Rural Development Dept., Mantralaya, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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