Challenging a notification under Panchayat rules for seat reservations, the court dismissed the petition as election proceedings were already underway and an efficaciousness alternate remedy of an election petition was available.1
The writ petition was dismissed as the election process had commenced.
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.
10 wp 3441 of 2016.doc
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3441 OF 2016
Kailas Gangaram Nichite .… Petitioner. V/s. The State of Maharashtra and ors …. Respondents
Mr. Ajit R. Pitale, for the petitioner.
Mr. V. M. Mali, A.G.P., for the Respondent-State. Mr. S.B. Shetye, for respondent No.2.
CORAM : RANJIT MORE &
DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : 22nd MARCH, 2016.
P.C. :
learned AGP for the State and Mr.S. B. Shetye, learned counsel for respondent No.2.
on 28.1.2016 inviting objections from the public at large during the period
1
10 wp 3441 of 2016.doc
from 28.1.2016 to 6.2.2016. Thereafter the Designated Officer of the Election Commission has given hearing to the persons who raised objections to the Draft Notification on 14.2.2016 and 15.2.2106 and thereafter final Notification under Rule 5(2) of the said rules, is issued on 26.2.2016. That apart, the election programme has already been published on 18.3.2016 and acceptance of nomination is scheduled during period from 29th March, 2016 to 2nd April, 2016.
[DR. SHALINI PHANSALKAR-JOSHI, J.]
[RANJIT MORE, J.]
2
1 issue framed by the court
Whether a writ petition challenging a notification under Panchayat election rules should be entertained when the election process has commenced.1
1 provisions across 1 enactments
Kailas Gangaram Nichite
The State of Maharashtra
Ranjit More
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
