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2025 DAILYLAW 65398 (BOM)

SAIPRASAD SURYAKANTRAO JATAALWAR v. THE MUNICIPAL COUNCIL BHOKAR THROUGH ITS CHIEF OFFICER

WP/14178/2025 · 2025-11-26

Shri Arun R Pedneker

body2025

Judgment text

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1 wp14178.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 14178 OF 2025 SAIPRASAD SURYAKANTRAO JATAALWAR VERSUS THE MUNICIPAL COUNCIL BHOKAR THROUGH ITS CHIEF OFFICER ... Advocate for the Petitioner : Mr. Mane Dhananjay A AGP for Respondent/State: Mr. S. G. Joshi Advocate for State Election Commission: Mr. Sachindra Sethye a/w. Ms. Sharayu Dhariture ... CORAM : ARUN R. PEDNEKER, J. DATE : 26.11.2025 PER COURT: 1. Heard. 2. The petitioner challenges the order passed in Election Petition No.01/2025, whereby the appeal filed by the petitioner accepting the nomination of respondent no.3 by the Returning Officer has been dismissed. 3. Limitation contained under Article 243ZG of the Constitution of India is also required to be noted. The election process is at an advanced stage and today is the last date for allotment of the symbols and the interference at this stage would amount to interference in the election process. 2025:BHC-AUG:32790 2 wp14178.2025 4. The clause title of appeal memo before the appellate authority mentions the appeal as filed under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Elections Rules, 1966 framed thereunder. However, the appeal in effect is under Rule 15 of the Election Rules, 1966. 5. The learned counsel appearing for the Election Commission also accepts that the instant appeal before the appellate authority is under Rule 15 of the Election Rules, 1966. This court is also of the same view. 6. In view of the above, the Writ Petition is disposed of with liberty to seek remedy as is available to him under the Act of 1965 by filing an Election Petition. [ARUN R. PEDNEKER, J.] marathe