Manisha Vijaysingh Gusinghe v. State of Maharashtra through the Principal Secretary and Others
Election disqualification – appeal before Divisional Commissioner – stay application undecided – election programme declared mid-appeal
Case brief
What is this about?
Bombay High Court (Aurangabad Bench), Writ Petition No. 5735 of 2025, Manisha Vijaysingh Gusinghe v. State of Maharashtra and others; single judge (Kishore C. Sant, J.), order dated 29 April 2025. Disqualification order passed by the Collector on 21 April 2025 (election not properly held by Returning Officer); appeal pending before Divisional Commissioner with undecided stay application; election programme declared 25 April 2025; Court found authorities ought to have kept hands off till expiry of the 15-day appeal period (till 5 May 2025) and mandamus issued to the Divisional Commissioner to decide the stay application the same day, before the poll scheduled the next day; petition disposed without notice as caveator appeared. No statute or precedent cited or discussed in the order.
What did the court decide?
Direction to the learned Divisional Commissioner to decide the petitioner's Stay Application the same day, before the election process scheduled for the next day; writ petition disposed of without issuing notice, with the learned AGP directed to communicate the order to the Commissioner immediately.