Petitioner challenged Mayor election due to alleged illegal OBC reservation rotation. Court dismissed petition as ineligible to entertain challenges post-election on rotation policy where reservations were finalized prior and petitioner remained uncomplaining during election process.
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1 946-WP-1475-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1475 OF 2020
HANUMAN NAMDEVRAO JAKAGTE
…PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…RESPONDENTS
Mr B.R. Kedar, Advocate for Petitioner Mr A.B. Girase, Government Pleader for Respondents-State
CORAM : S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ. DATE : 22ND JANUARY, 2020
PER COURT :
2 946-WP-1475-2020
petitioner slept over his right and did not challenge the reservation made, allowed the elections to proceed further. The elections are also held on 22nd November, 2019. Now, the election of the post of the Mayor is challenged on the ground that the rotation policy is not followed. We cannot entertain the writ petition challenging the election after the election is over on the ground of rotation policy for which the reservations were made in the month of November itself. The petitioner ought to be diligent in challenging the same. It would be inappropriate to set the clock back at this stage.
4 In light of that, the writ petition is disposed of. No costs.
[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]
mta
2 issues framed by the court
Whether the writ court can entertain a challenge to the Mayor election on grounds of rotation policy after the election has already been concluded.
Whether a petitioner who failed to challenge the reservation made prior to elections can subsequently challenge the election result.
HANUMAN NAMDEVRAO JAKAGTE
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
SHRIKANT D. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
