Disposed

Dattatray Govind Khandekar v. the State Election Commission and Ors.

Bombay HC15 Mar 2021WP/752/2021

Case brief

AI extract

What is this about?

The High Court at Bombay disposed of a writ petition challenging a lottery reservation for Sarpanch. The bench held that since the Tehsildar's reservation declaration requires Collector approval, the reliefs were premature and directed the Collector to pass an order within two weeks.

What did the court decide?

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

Dattatray Govind Khandekar Vs the State Election Commission and… — Election Law | Bombay HC (2021)

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Digitally signed by Kanchan P. Kanchan Dhuri P. Dhuri Date:2021.03.17 19:29:40 +0530

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26c. civil wp 752-21.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. 752 OF 2021

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Dattatray Govind KHandekar.. Petitioner
Vs

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State Election Commission & Ors.

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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 Hanmangaon, 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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(ii) Direct the Respondent Nos. 2 and 3 that reservation for the post of

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1 of 2

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26c. civil wp 752-21.doc

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Sarpanch of Grampanchyat Hanmangaon, Taluka – Sangola, District

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– Solapur falls in general category.”

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

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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. ]

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[ S.J. KATHAWALLA, J. ]

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Dattatray Govind Khandekar v. the State Election Commission and Ors.

Case brief

What is this about?

What did the court decide?

Dattatray Govind Khandekar v. the State Election Commission and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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