Bombay High Court
Sanjay Sharnappa Bhosale vs The State Of Maharashtra Through ... on 14 January, 2021
Bench: S.J. Kathawalla, V. G. Joshi
Digitally signed by
Swaroop Swaroop S. Phadke
S. Phadke Date: 2021.01.16
17:46:47 +0530
9 wpst 440 of 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.440 OF 2021
Sanjay Sharnappa Bhosale ... Petitioner
versus
The State of Maharashtra and Ors. ... Respondents
Mr. Jitendra P. Gaikwad, for Petitioner.
Mrs. Rupali M. Shinde, AGP, for State.
Mr. S.B.Shetye a/w Mr. Ifran Sheikh, Ms. Sarika Shetye, for State Election
Commission.
Mr. Mahendra V. Kawchale, with Mr. Sudhir S. Shinde, for Respondent No.5.
CORAM: S.J. KATHAWALLA &
VINAY JOSHI, JJ.
DATE: 14th JANUARY, 2021
P.C.:
1. The above Writ Petition is filed by the Petitioner for the following reliefs :
"(b) That this Hon'ble Court be pleased to issue the Writ of
Certiorari or any other writ of such nature or order or directives
be issued thereby quashing and setting aside the impugned
judgment impugned order dated 31st December, 2020 passed by
learned Respondent No.2 Election Officer for scheduled of
Grampanchayat Elections 2020-21 Village Miri, Tal. Mohol, Dist.
Solapur, thereby rejecting the objections raised by the Petitioner
herein against the candidature and nomination of the Respondent
SSP 1/3
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No.5;
(c) That this Hon'ble Court be pleased to issue the Writ of
Mandamus, or any other writ of such nature or order or directives
be issued thereby issuing necessary and appropriate directions to
the Respondent No.3 to produce the original records of
Certificate caste certificate No.MAG/CASTE/SR/275 which
does not belong to the Respondent No.3 declare the same as null
and void, and furthermore be pleased to impound the same;
(d) That this Hon'ble Court be pleased to issue the Writ of
Mandamus or any other writ of such nature or order or directives
be issued thereby issuing necessary and appropriate directions to
the Respondent No.2 to declare the candidature and nomination
of the Respondent No.5 as invalid and reject the same;
2. In view of the decision of the Full Bench of this Court in the case of
Karmaveer Tulshiram Autade and Ors. V/s. State Election Commission and Ors., in Writ
Petition (St) No.26 of 2021 dated 13 th January, 2021, wherein it is interalia held that
"Article 243-O(b) of the Constitution of India is a bar for entertaining a writ petition
under Article 226 of the Constitution against an order passed by the Returning Officer
rejecting nomination paper and such provision would clearly be attracted whenever a
writ petition is presented before a Court for its consideration," we are not inclined to
entertain the above Writ Petition. However, it is clarified that the Petitioner can
always pursue the remedy provided under Section 15 of the Maharashtra Village
SSP 2/3
9 wpst 440 of 2021.doc
Panchayats Act, 1959. If the said remedy is pursued, it will be open for the parties to
raise all their contentions. The above Writ Petition is accordingly dismissed.
( VINAY JOSHI, J. ) ( S.J.KATHAWALLA, J. )
SSP 3/3
