Court dismissed the writ petition on the ground that the interim relief was obtained by suppressing material facts regarding the election programme and voters' list. The associated civil application was disposed of without orders.
The Writ Petition is rejected; the Civil Application is disposed of.
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26.08.wp.4796.16
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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.4796/2016 WITH
CIVIL APPLICATION NO. 1904/2016
(Vaibhav Shyam Bompilwar and others vs. Deputy Registrar, Cooperative Societies, Yavatmal and another vs. Gajendra s/o Balasaheb Deshmukh )
.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mr. J.S.Wankhede, Advocate for the petitioners Ms. Ritu Kalia, Assistant Government Pleader for Respondent Nos.1 & 2 (Mr. K.S.Narwade, Advocate for the applicant)
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ. DATED : 26th August, 2016
Heard.
When the matter was listed before this Court on 20th August 2016, it was informed that though an objection was taken by the petitioners to the provisional voters’ list, without deciding the same, the final voters’ list was published.
In that view of the matter, we had granted interim relief directing that the election programme shall not be declared, until further orders.
The applicant has filed the Civil Application for vacating the interim relief. Perusal of the documents annexed to the Civil Application would show that the petitioners had neither annexed the programme published by the District Deputy
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Registrar regarding finalisation of the voters’ list nor the election programme which was already notified much prior to filing of the Petition. As a matter of fact, the last date for submission of the nomination papers was 16th August, 2016. Had the petitioners annexed the election programme to the petition, the interim order which was granted, would not have been granted by this Court. We are, therefore, of the considered view that the interim relief has been obtained by the petitioners by suppressing material facts. The Writ Petition is rejected on this sole ground.
CIVIL APPLICATION NO. 1904/2016:
In view of dismissal of the Petition, no orders are necessary on the Civil Application. The same is disposed of as such.
JUDGEJUDGE
sahare
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C E R T I F I C A T E
“ I certify that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.”
Uploaded by: N.B.Sahare P.S.
Uploaded on: 26.08.2016.
2 issues framed by the court
Whether interim relief was obtained by suppressing material facts.
Whether election programme and voters' list were properly annexed to the writ petition.
Vaibhav Shyam Bompilwar and others
Deputy Registrar, Cooperative Societies, Yavatmal
B. R. Gavai
V. M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court