Shivaji Ganpatrao Kalyankar And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 2492 Bom

                                     1                   82-WP-2486-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 2486 OF 2021


Shivaji Ganpatrao Kalyankar and ors.                       ...Petitioners

              Versus

The State of Maharashtra and Ors.                          ...Respondents


Mr G.V. Mohekar, Advocate for Petitioners
Mr A.R. Kale, A.G.P. for Respondent No. 1
Mr A.B. Kadethankar, Advocate for Respondent No. 2


                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

                                 DATE     : 8th FEBRUARY, 2021

 PER COURT :

1. The learned counsel for the petitioner submits that the petitioner

has already filed election petition against the respondent Nos. 3 to 12

challenging their election. The respondent Nos. 3 to 12 have committed

malpractice and corrupt practice in as much as their names appear as

voters in the voters list of Grampanchayat, Pimpalgaon Mahadev and so

also, they have contested the election of Grampanchayat, Pimpalgaon

Mahadev and got elected. The petitioner is the defeated candidate.

According to the learned counsel, even respondent Nos. 3 to 5 got elected

as the candidates from village Hiwra T. Jawla. This itself shows the

illegality committed. The respondents be restrained from casting their

votes in the election of the Sarpanch of Grampanchayat, Pimpalgaon

Mahadev. According to the learned counsel, the respondents did not

contest the election for the post of Sarpanch. The election for the post of

2 82-WP-2486-2021

Sarpanch be stayed till the election petition filed by the petitioner is

decided.

2. We have heard the learned Assistant Government Pleader.

3. The petitioner has also availed appropriate remedy of filing

election petition against respondent Nos. 3 to 12. The petitioner does not

have a right at present to stall the election process for the post of

Sarpanch of Grampanchayat, Pimpalgaon Mahadev. The respondents are

the elected candidates. The stay cannot be granted to the election of

Sarpanch and members cannot be restrained from enjoying their right to

cast vote pending election petition before the appropriate authority. The

petitioner as on date, would not possess cause of action to restrain them

from casting their vote for the post of Sarpanch or from contesting election

for the post of Sarpanch. Naturally, all the parties would be bound by the

decision in the election petition and the further course of action can be

taken depending upon the judgment delivered by the authority in the

election petition filed by the petitioner.

4. With these observations, the writ petition is disposed of. No

costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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