Vinod S/O Sadashiv Hemne And ... vs State Election Commission Of ...
2023 Latest Caselaw 2049 Bom

                             1

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              NAGPUR BENCH, NAGPUR

               Writ Petition No.246 of 2023

1. Vinod S/o Sadashiv Hemne,
   Aged about 42 years,
   Occ.: Agriculturist.

2. Surekha W/o Pradeep Kore,
   Aged about 33 years,
   Occ.: Household.

   Both R/o At & Post: Datora,
   Tq. and Dist. Gondia.                       ... Petitioners

   Versus

1. State Election Commission of Maharashtra,
   through Commissioner,
   First Floor, New Administrative Building,
   Hutatma Rajguru Chowk,
   Madam Cama Road,
   Mumbai-400 032.

2. The Collector, Gondia.

3. Taluka Election Officer and Tahsildar,
   Gondia, New Administrative Building,
   Room No.13, First Floor,
   Jaystambha Chowk, Gondia.

4. Returning Officer,
   Grampanchayat, Datora,
   Tq. & Dist. Gondia.

5. Smt. Dhanwanta Khemraj Pathode,
   Age: Adult, Occ.: Household,
   R/o At & Post: Datora,
   Tq. & Dist. Gondia.

6. Malkanrao Chiman Bramhankar,
   Age: Adult, Occ.: Agriculturist,
   R/o At & Post: Datora,
   Tq. & Dist. Gondia.                         ... Respondents
                                2

Shri P.V. Thakre, Advocate for Petitioners.
Shri J.B. Kasat, Advocate for Respondent No.1.
Smt.     S.S.    Jachak,    Assistant    Government    Pleader           for
Respondent Nos.2 and 3.
Shri A.Y. Kapgate, Advocate for Respondent No.4.
Shri N.R. Tekade, Advocate for Respondent Nos.5 and 6.


         CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, JJ.

DATE : 1st MARCH, 2023

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. Since the election petition has already been filed questioning

the decision of the Returning Officer to cancel the certificate of

election granted to the defeated candidates, the learned counsel for

the petitioners is not pressing Prayer Clauses (1) and (2) and is

seeking a limited relief for expeditious disposal of the election petition.

3. Considering the fact that the issue involved pertains to

election to Grampanchayat, which has specified term, it would be

necessary for the concerned Court, which is the Court of Civil Judge,

Senior Division, Gondia, to decide the election petition as

expeditiously as possible.

4. We, therefore, direct the Court of Civil Judge, Senior Division,

Gondia, to decide the election petition filed by the petitioners in an

expeditious manner, after ensuring that all the respondents are duly

service with the notice and granted sufficient opportunity of hearing.

5. Rule accordingly. No costs.

(M.W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.) Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:02.03.2023 14:49