Petitioner filed Writ Petition under Article 226 seeking directions to authorities to decide multiple election-related complaints. Respondents submitted affidavit stating grievances were investigated with no substance found. Court found petition devoid of substance.
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.
903 wp 4746.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4746 of 2014
Sathi Bashir Ahemad Bashamiya Shaikh versus
Dr. Pravin Nilkanth Gedam and ors.
…...Petitioner
…...Respondents
Mr. Ashok B. Tajane, advocate for the petitioner. Mrs. M. P. Thakur, AGP for the State.
CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.
DATE : 23rd FEBRUARY, 2018.
P. C. :
Heard learned counsel and learned AGP appearing for the respective parties.
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903 wp 4746.14.doc
grievance raised by the petitioner in the said complaint is considered and since no substance was found in the same, it was disposed of.
So far as complaint annexed at page 61 which is also dated 5th April, 2014 is concerned, the same is dealt with in paragraph 7 of the affidavit-in-reply. In paragraph 7, it is stated that after filing application on behalf of the petitioner, the identity card of candidate was issued to the petitioner and the entire election procedure was conducted by the respondent without any pressure or any undue influence from any parties. The grievance made in the said complaint, therefore, does not survive.
The grievance raised in rest of the complaints is dealt by the Sub-Divisional Officer by making averment in paragraph 16 of her said affidavit-in-reply. It is stated that the complaints of the petitioner were looked into and detailed enquiry was made and report was called from the Commissioner of Police, Solapur and, accordingly, report was submitted to the Nodal Officer for Model Code of Conduct and Additional District Magistrate, Solapur on 13th May, 2014. The report indicates that there is no breach of code of conduct on behalf of the respondents. This fact was already informed to the petitioner by the Nodal Officer for Model Code of Conduct and Additional District Magistrate, Solapur by its 4th June, 2014.
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[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
3/3
Shubhada S Kadam
1 issue framed by the court
Whether a writ petition seeking directions to decide election-related complaints is maintainable and deserves determination.
1 provisions across 1 enactments
Sathi Bashir Ahemad Bashamiya Shaikh
Dr. Pravin Nilkanth Gedam
State of Maharashtra
Ranjit More
Anuja Prabhu Dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
