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?

Petitioner challenged a lottery reservation order for the post of Sarpanch. The Court held the petition premature as the reservation was pending Collector's approval. Petition disposed of with direction to the Collector to act within two weeks.

What did the court decide?

Direction to the Collector to consider the Tehsildar's order and pass a necessary order within two weeks.

Tanaji Baba Lavate Vs the State Election Commission… — Writ and Judicial Review | Bombay HC (2021)

¶1

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

¶2

26b. civil wp 751-21.doc

¶3

R.M. AMBERKAR (Private Secretary)

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO. 751 OF 2021

¶6

Tanaji Baba Lavate Vs

¶7

State Election Commission & Ors.

¶8

.. Petitioner

¶9

.. Respondents

¶10

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

¶11

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

¶12

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

¶13

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

¶14

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

¶15

DATE : MARCH 15, 2021.

¶16

P.C.:

¶17

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

¶18

reliefs :

¶19

“ (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.

¶20

(i) To quash and set aside the impugned lottery reservation dated 22^nd 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 27^th January, 2021 (Exhibit-B of this Writ Petition)

¶21

1 of 2

¶22

26b. civil wp 751-21.doc

¶23

(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.”

¶24

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

¶25

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

¶26

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

¶27

4. The Collector shall consider the order of Tehsildar and pass necessary

¶28

order within a period of two weeks from today.

¶29

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

¶30

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

¶31

2 of 2

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

Parties & counsel

Coram

Case details

Similar cases

Gulambhai S/O. Vallibhai Raje Vs the Mumbai Municipal Corporation through Commissioner and 6 Ors.

Vinod Mahal and Jayant Villa Tenants Association Vs the Mumbai Municipal Corporation and 5 Ors.

Mr. Jagannath Ramsamuj Tiwari and Anr. Vs Thane Municipal Corporation through Commissioner and Anr.

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

Dattatray Govind Khandekar Vs the State Election Commission and Ors.

Dattatray Govind Khandekar Vs the State Election Commission and Ors.