Petitioner challenged the election of the Jogeshwari Canal Level Water Users Association. The Court declined to entertain the petition due to the existence of an alternative remedy for grievances regarding the elected director.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1503 OF 2016
Pandurang s/o Wanji Sonwane,
Age-64 years, Occu:Agriculture,
At Post-Hated (Bk.), Tq-Chopda,
Dist-Jalgaon.
...PETITIONER
VERSUS
1) The State of Maharashtra, Through its
The Superintendent Engineer,
Labhshetra Vikas (Irrigated Land),
Irrigation Department, Jalgaon,
2) The Executive Engineer, Chopda, Dist-Jalgaon,
3) Deputy Engineer, Sub Division Chopda,
Tq-Chopda, Dist-Jalgaon,
4) Jogeshwari Water Users Association,
[Canal Level], Sub Division, Chopda,
Tq-Chopda, Dist-Jalgaon,
Through its Director,
Shri Chandrakant s/o Gulabrao Patil,
Age-47 years, Occu:Agriculture,
R/o-Vichkheda Dhupe, Tq-Chopda,
Dist-Jalgaon.
...RESPONDENTS
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...
Ms. Surekha Mahajan Advocate for Petitioner.
Mr.S.K. Kadam, A.G.P. for Respondent Nos.1 to 3.
...
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATE : 9TH FEBRUARY, 2016
ORDER :
1.Heard. The Petitioner is praying to
declare, the election held on 5th January 2016 of
Jogeshwari Canal Level Water Users Association, as
void. The Petitioner has stated that he has
already availed of the remedy of challenging the
election of the elected director by adopting
alternate remedy. In view of the availment of
alternate remedy for redressal of the grievances,
the instant Writ Petition is not entertainable.
2.It is further stated on behalf of the
Petitioner that the election officer has declared
the programme for electing the President of Canal
Level Water Users Association and the same is
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scheduled on 10th February 2016. It is requested
that the directors against whom the proceedings
are initiated by the Petitioner shall be
restrained by the order of injunction, from
participating in the meeting. It is well
established principle of Election Law that an
elected representative cannot be restrained by an
order of injunction from performing his functions
as elected representative. In this view of the
matter, the request made by the Petitioner does
not deserve consideration.
3.The Writ Petition is devoid of substance.
The Writ Petition stands rejected.
[A.I.S. CHEEMA, J.] [R.M. BORDE, J.]
asb/FEB16
3 issues framed by the court
Whether a writ petition challenging the declaration of an election is entertainable if an alternative remedy was availed of to challenge the elected director.
Whether a request for injunction against elected directors participating in a meeting deserves consideration.
Whether the Writ Petition is devoid of substance.
Pandurang s/o Wanji Sonwane
The State of Maharashtra
The Executive Engineer, Chopda
Jogeshwari Water Users Association
R.M. BORDE
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court