Writ petition challenging the rejection of election objections by the Returning Officer. The court declined to interfere at the petition stage, disposing of the matter while keeping contentions on merits open.
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.
wp-7491.18.odt
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7491 OF 2018
Shri. Asif Nabilal Bawa … Petitioner Vs. Election Officer, No.1 and Anr. … Respondents
Mr. T.S. Ingale i/b. Mr. Wasim N. Samlewale for the Petitioner. Mr. Pradip Kathane for the Respondent No.2.
CORAM : A.S. OKA &
RIYAZ I. CHAGLA, JJ.
DATE : 16th JULY 2018
P.C.
. Not on board. Taken on board.
1 The second respondent submitted nomination form for contesting general ward election of Sangli Miraj and Kupwad Municipal Corporation from ward No.16-D. By the impugned order, the Returning Officer has rejected the objections raised by the petitioner to the nomination paper of the second respondent.
Digitally signed by Pallavi Pallavi Mahendra Mahendra Wargaonkar Wargaonkar Date: 2018.07.18 13:03:19 +0530
2 Grant of any relief in this petition at this stage will amount to interference with the process of election. Notwithstanding the impugned order, in the event the second respondent is elected, remedy of election dispute by raising the contentions raised in the objections is always available to the petitioner. Subject to what is observed above, we decline to entertain this petition. Accordingly, the same is disposed of. All contentions on merits are kept open.
(RIYAZ I. CHAGLA, J) (A.S. OKA, J)
1 of 1
Shri. Asif Nabilal Bawa
Election Officer, No.1 and Anr.
A.S. Oka
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
