Dismissed

Mohan S/O Jijeba Gore v. State of Maharashtra, through Its Secretary, General Administration Department, Mumbai

Bombay HC15 Jan 2020WP/287/2020

Case brief

AI extract

What is this about?

This petition challenged election results by a petitioner claiming to be an ex-serviceman. The Court dismissed the petition as vexatious litigation because a specific statutory remedy existed under Section 27 of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, which the petitioner failed to utilize.

What did the court decide?

Petition dismissed as vexatious litigation with costs of Rs. 25,000/-.

Mohan S/O Jijeba Gore Vs State of Maharashtra, through Its… — Election Law | Bombay HC (2020)

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1 935.WP287.20.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.287/2020

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Mohan Jijeba Gore Vs. State of Maharashtra and others.

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…........................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders

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........................................................................................................................................…...
Shri Kshitij N. Jain with S. S.Dhengale, Advocate for the petitioner.
Ms. A. R. Kulkarni, Assistant Government Pleader for respondent
Nos. 1 and 2.

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CORAM : R.K. DESHPANDE & A.S. CHANDURKAR, JJ. DATED : 15^th JANUARY, 2020.

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.The petitioner, who is claiming himself to be
ex-serviceman and claims to have contested Election for the
post of Memeber of Zilla Parishad, Tamsi Circle, District –
Washim in the General Elections-2019 as a Member of
Bhartiya Janata Party has challenged the Election of
respondent No.4. The petition claims relief of recounting of
votes and interim relief is claimed to stay the result of
Election.

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2.Section 27 of the Maharashtra Zilla Parishad
and Panchayat Samiti Act, 1961, provides complete
machinery for determination of validity of Elections by a
person of the rank of District Judge. There is a limitation
also provided for filing such Election Petition. The result of
the Election was declared on 08.01.2020. Without having
recourse to the remedy of Election Petition, this Writ
Petition is filed knowing fully well on existence of such
remedy.

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2 935.WP287.20.odt

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3.We, therefore, dismiss this Writ Petition being
vexatious litigation with costs of Rs.25,000/- to be deposited
in this Court, within a period of two weeks from today.

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4.Put up this matter to see the compliance of the

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matter.

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JUDGEJUDGE

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RGurnule

Mohan S/O Jijeba Gore v. State of Maharashtra, through Its Secretary, General Administration Department, Mumbai

Case brief

What is this about?

What did the court decide?

Mohan S/O Jijeba Gore v. State of Maharashtra, through Its Secretary, General Administration Department, Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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