MOHAMMAD ASGAR HUSSAIN v. THE SUB DIVISIONAL OFFICER VASMAT AND OTHERS
WP/14179/2025 · 2025-11-26
Shri Arun R Pedneker
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69570 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69570 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 wp14179.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 3 WRIT PETITION NO. 14179 OF 2025 MOHAMMAD ASGAR HUSSAIN VERSUS THE SUB DIVISIONAL OFFICER VASMAT AND OTHERS ... Advocate for the Petitioner : Mr. Chavan Sudhir K AGP for Respondent/State: Mr. V. K. Kotecha Advocate for State Election Commission : Mr. Sachindra Sethye a/w. Ms. Sharayu Dhanture ...
CORAM : ARUN R. PEDNEKER, J. DATE : 26.11.2025 PER COURT:
1. Heard.
2. The petitioner challenges the order passed by the appellate authority under Rule 15 of the Maharashtra Municipal Councils, Nagar Panchyats Election Rules, 1966, whereby the appeal filed by the petitioner rejecting his nomination is dismissed. It is observed that the petitioner has a third child after the cut-off date and, as such, his nomination is rejected.
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 2025:BHC-AUG:32708
2 wp14179.2025 amount to interference in the election process. The inquiry undertaken under Rule 15 is summary in nature.
4. The Writ Petition is disposed of with liberty to the petitioner to challenge the orders passed of rejection of his nomination under Section 21 of the Act by filing appropriate election petition.
4. In view of the above, the writ petition is disposed of with liberty to the petitioner to seek remedy as is available under the law.
[ARUN R. PEDNEKER, J.] marathe