Jijabai Devidas Waghmare v. Returning officer Pathardi Nagarparishad Pathardi Sub Divisional Officer Pathardi
WP/14177/2025 · 2025-11-26
Shri Arun R Pedneker
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74082 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74082 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 wp14177.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 WRIT PETITION NO. 14177 OF 2025 JIJABAI DEVIDAS WAGHMARE VERSUS RETURNING OFFICER PATHARDI NAGARPARISHAD PATHARDI SUB DIVISIONAL OFFICER PATHARDI ... Advocate for the Petitioner : Mr. P. S. Mantri a/w. Mr. Parag V Barde Advocate for State Election Commission: Mr. Sachindra shetye ...
CORAM : ARUN R. PEDNEKER, J. DATE : 26.11.2025 PER COURT:
1. Heard.
2. The petitioner challenges the order passed in Election Appeal No.2/2025, whereby the appeal filed by the petitioner against order of the Returning Officer rejecting his nomination 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:32791
2 wp14177.2025
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