Dismissed

Pranjan S/O Kawduji Kumre v. State of Maharashtra, through Secretary, General Administration Department, Mumbai and Others

Bombay HC9 Feb 2021WP/791/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench disposed of a writ petition seeking quashing of a Gram Panchayat election. The Court held that if a statutory remedy is barred by limitation, writ jurisdiction cannot be exercised to grant relief. Liberty was granted for representation to the Election Commission.

What did the court decide?

Liberty granted to make representation to the Election Commission; writ petition disposed of.

Pranjan S/O Kawduji Kumre Vs State of Maharashtra, through… — Election Law | Bombay HC (2021)

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0902wp791.21

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

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WRIT PETITION NO.791 OF 2021

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Pranjan s/o Kawduji Kumre ... Petitioner - Versus -

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State of Maharashtra and others ... Respondents

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Shri R.D. Karode, Advocate for Petitioner.

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Smt. K.S. Joshi, I/c Government Pleader for Respondent Nos.1 and 3.

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CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ. DATE : 9 FEBRUARY 2021

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P.C. :

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The Petitioner seeks quashing and setting aside of the election of Respondent No.4 as Member of Gram Panchayat, Kawatha Railway, Taluka Deoli, District Wardha.

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Shri Karode, learned Counsel for the Petitioner, concedes that if election petition is to be filed, the same would be beyond the period of limitation as provided under the statute.

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2 0902wp791.21

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The Apex Court in the case of Assistant Commissioner (CT) LTU, Kakinada and others vs. Glaxo Smith Kline Consumer Health Care Limited¹ has held that if a statutory remedy is barred by limitation, same cannot be extended by exercising writ jurisdiction under Article 226 of the Constitution of India. Therefore, relief sought for by the Petitioner cannot be granted.

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Shri Karode, learned Counsel for the Petitioner, then submits that the Petitioner may be given liberty to make a representation to the Election Commission.

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If such a remedy is available in law, it is always open to the Petitioner like any other citizen to avail of the same. Writ Petition is accordingly disposed of.

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(ANIL S. KILOR, J.) (NITIN JAMDAR, J.)

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khj

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1 2020 SCC OnLine SC 440

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Kamal Digitally signed byKamal Jeswani Date: 2021.02.15 11:58:05 +0530 Jeswani

Pranjan S/O Kawduji Kumre v. State of Maharashtra, through Secretary, General Administration Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Pranjan S/O Kawduji Kumre v. State of Maharashtra, through Secretary, General Administration Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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