Nilesh Dundaram Patil vs State Of Maharashtra Rural ...
2022 Latest Caselaw 6099 Bom

                                                                                36 WP-7757-22.doc

BDP-SPS-TAC



   BHARAT
   DASHARATH
   PANDIT
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   Digitally signed
   by BHARAT
   DASHARATH
                                          CIVIL APPELLATE JURISDICTION
   PANDIT
   Date: 2022.07.01
   17:49:47 +0530                      WRIT PETITION NO. 7757 OF 2022

                      Shri Nilesh Dundaram Patil                       .... Petitioner.
                                  V/s
                      State of Maharashtra and Others                  ..... Respondents.

                      Mr. Suresl Shah i/b Chintamani K. Bhangoji for the Petitioner.
                      Mr. V.S. Nimbalkar, AGP for Respondent Nos. 1, 6 and 7.
                      Mr. Ashish Gaikwad for Respondent Nos. 3, 4 and 5.

                                             CORAM: NITIN W. SAMBRE, J.

DATE: JUNE 30, 2022

P.C.:-

1] Heard Mr. Shah, learned Counsel for the Petitioner.

2] Mr. Shah would urge that for the failure of the Petitioner to submit Election Account, after Collector passed order of disqualification, Commissioner in exercise of powers by virtue of delegation ordered by Notification dated 19/11/2010 by the Election Commission, set aside the same, whereas State Election Commission who has delegated powers to Divisional Commissioner usurped power of appeal and passed the order impugned. Drawing support from the judgment of this Court in the matter of Venkatesh Trading Company vs. State of Maharashtra and Ors reported in (2011) 6 Bom CR 786 and also in the matter of Vaijayata Deepak Warke & Ors. vs. State

36 WP-7757-22.doc

Election Commission and Ors reported in 2016(2) Bom.C.R. 572, he would urge that interference is called for.

3] Apart from above, contentions are, before passing the impugned order, Petitioner was not given reasonable opportunity of hearing.

4] In view thereof, issue notice to the Respondents, returnable on 21/7/2022.

5] Learned AGP waives service of notice on behalf of Respondent Nos. 1, 6 and 7. Mr. Gaikwad, learned Counsel waives service of notice on behalf of Respondent No.3, 4 and 5 and seeks time to file reply.

6]       Stand over to 21/7/2022.


                                     ( NITIN W. SAMBRE, J. )