Mahesh Eknath Nehere And Ors vs The Union Of India And Ors
2022 Latest Caselaw 12675 Bom

                        rsk                               1                        14-WP-10247-22.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO.10247 OF 2022

                        Mahesh Eknath Nehere and Ors.                      ...Petitioners
                             Vs.
                        The Union of India and Ors.                        ...Respondents

                                                           -------
                        Mr. Satish Raut for the Petitioners.
                        Smt. Leena Patil for Respondent No.1.
                        Smt. P. J. Gavhane, Assistant Government Pleader for Respondent-State.
                        Mr. Pradeep Rajgopal i/b Ms. Rekha Rajgopal for Respondent No.3.
                        Mr. Priyal Sarda for Respondent No.7.
                                                             -------

                                    CORAM        :      NITIN W. SAMBRE &
                                                        SHARMILA U. DESHMUKH, JJ.

                                    DATED        :      6 DECEMBER 2022.

                        P. C. :

Mr. Sarda appearing for Respondent No.7 seeks time to file reply.

2. Learned counsel for the Petitioners invited attention of this Court to the order delivered on 27/6/2022 in Criminal Application Digitally No.28/2022 by this Court (Sunil B. Shukre & G. A. Sanap, JJ.). He states signed by RAJESHWARI

that the said judgment is in the matter of quashing of FIR against the RAJESHWARI SUBODH SUBODH KARVE KARVE Date:

2022.12.07 17:41:07

teacher for refusal to perform election duty wherein reliance has been placed +0530

on the judgment of the Apex Court in the case of Election Commission of rsk 2 14-WP-10247-22.doc

India vs. St. Mary's School and others {(2008) 2 SCC 390)} . So also the judgment in Writ Petition No.417/2020 decided on 25/1/2020 in the case of Gajanan Kashinath Bharad and Others vs. The State of Maharashtra and Others.

3. In light of this position of law, we are not hesitant in directing Respondent No.7 to follow the mandate delivered by this Court and the Apex Court in it's true letter and spirit. Respondent No.7 is directed to file its reply by 20/12/2022.

4. Stand over to 20/12/2022.

(SHARMILA U. DESHMUKH, J.) ( NITIN W. SAMBRE, J.)