The High Court disposed of a PIL regarding the 2012 Thane Municipal Corporation elections as infructuous because the elections had already occurred and the specific futuristic prayer had been implemented.
Pil and connected civil applications disposed of as infructuous.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.64 of 2011 WITH CIVIL APPLICATION NO.16 OF 2012 WITH CIVIL APPLICATION NO.17 OF 2012
Dr.Mahesh Vijay Bedekar .. Petitioner Versus The State Election Commission & Ors .. Respondents And Action for Good Governance & Networking in India (AGNI) .. Applicant/ Intervenor
Mr. Mankirat Singh I/b Mr.S.M. Gorwadkar for the petitioner in PIL.
Ms.Sanaya Dadachanji I/b M/s.Manilal Kher Ambalal & Co. for the applicant in C.A. No.17/12
Ms.Nisha Mehra, AGP for respondent nos.2 and 3. Mr.M.R. Bohra I/b Mr.S.B. Shetye for respondent no.1.
CORAM: PRADEEP NANDRAJOG, C.J. AND BHARATI DANGRE, J.
DATED : 13th August 2019
P.C:-
1 The two captions, Civil Applications are listed in Court today but we find that the Public Interest Litigation has
Tilak
2/2 12 CAI 16-12 with PIL.doc
been rendered infructuous inasmuch as it concerns elections to be held to elect counsellors of the Thane Municipal Corporation in the year 2012. We also find a futuristic prayer requiring negative votes in the form of a button in the voting machine to exercise the choice: 'None of the above' to be made available; which we find has been made available.
2 Petition is disposed of as infructuous and as a consequence, the Civil Applications are also disposed of as infructuous.
SMT. BHARATI DANGRE, J
CHIEF JUSTICE
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Dr. Mahesh Vijay Bedekar
The State Election Commission
Action for Good Governance & Networking in India (AGNI)
PRADEEP NANDRAJOG
BHARATI DANGRE
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
