Disposed

Tanaji Baba Lavate v. the State Election Commission through Its Secretary and Ors.

Bombay HC15 Mar 2021WP/751/2021

Case brief

AI extract

What is this about?

The petitioner sought a writ to quash a reservation order for a Sarpanch post. The court held that the Tehsildar's declaration was not final as it required Collector approval, which was still pending, making the petition premature. The writ was disposed of, directing the Collector to pass orders within two weeks.

What did the court decide?

The writ petition was disposed of and the Collector was directed to pass orders regarding the reservation within two weeks.

Tanaji Baba Lavate Vs the State… — Constitutional and Fundamental Rights | Bombay HC (2021)

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Digitally signed by Kanchan P. Kanchan Dhuri Date: P. Dhuri 2021.03.17 19:29:17 +0530

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26b. civil wp 751-21.doc

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R.M. AMBERKAR (Private Secretary)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 751 OF 2021

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Tanaji Baba Lavate
Vs

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State Election Commission & Ors.

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.. Petitioner

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.. Respondents

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Mr. M.A. Patil i/by Mr. B.A. Lawate for the Petitioner

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Mr. S.B. Shetty a/w Ms. Priyanka Chavan for Respondent No. 1 - State Election Commission

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Mr. P.G. Sawant, AGP for the State

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Mr. Sandesh More a/w Mr. Hemant Ghadigaonkar and Mr. Hintendra Gandhi for the Intervenor

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CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

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DATE : MARCH 15, 2021.

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P.C.:

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1. By the above Writ Petition, the Petitioner inter-alia seeks the following

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reliefs :

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“ (b) This Hon’ble Court be pleased to issue the Writ of Mandamus or Certiorari or any other appropriate Writ / direction / order in the nature of Writ of Mandamus or Certiorari under Article 226 of the Constitution of India, 1950.

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(i) To quash and set aside the impugned lottery reservation dated 22nd
February, 2021 of the post of Sarpanch of the Grampanchyat
Nijampur, Taluka Sangola (in Exhibit-C of this Writ Petition) passed
by the Respondent No. 3 – Ld. Tahasildar, Taluka – Sangola, District
– Solapur and further direct to maintain reservation dated 27th
January, 2021 (Exhibit-B of this Writ Petition)

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1 of 2

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26b. civil wp 751-21.doc

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(ii) Direct the Respondent Nos. 2 and 3 that reservation for the post of
Sarpanch of Grampanchyat Nijampur, Taluka – Sangola, District –
Solapur falls in general category.”

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2. Learned Advocate appearing for the Tehsildar as well as the Collector

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states that the ‘reservation declaration’ issued by Tehsildar is not final, and
the same is forwarded to the Collector, for his Approval. The Collector has
not granted his approval till date.

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3. In view of the above, the reliefs sought in the Writ Petition are prematured.

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4. The Collector shall consider the order of Tehsildar and pass necessary order within a period of two weeks from today.

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5. In view of the above, the Writ Petition is disposed of.

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 [ MILIND N. JADHAV, J. ] [ S.J. KATHAWALLA, J. ]

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Tanaji Baba Lavate v. the State Election Commission through Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Tanaji Baba Lavate v. the State Election Commission through Its Secretary and Ors.

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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