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2018 Supreme(Bom) 376

V.M.DESHPANDE
Sonba – Appellant
Versus
Sunil – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:F.T. Mirza, Advocate.
For the Respondents:Sunil Manohar, Senior Advocate with A. Naik, Advocate.

JUDGMENT :

1. The petitioner Sonba Musale was intending to contest the election from 49, Saoner Legislative Assembly Constituency. He, therefore, submitted his nomination papers (Exh.32) with the returning officer on 26.09.2014. He was intending to contest the said election as a candidate of Bhartiya Janata Party. The respondent no.3 in the present election petition filed an objection before the returning officer (Exh.44) and the returning officer vide order dated 30.09.2014 rejected the nomination paper filed by the petitioner (Exh.47). The said act of the returning officer was challenged by filing a writ petition bearing Writ Petition No.375/2014 and the Division bench of this Court dismissed the said writ petition by upholding the preliminary objection raised by the respondents in the said writ petition in respect of the tenability of the writ petition by placing reliance on the provisions of Article 329 (b) of the Constitution of India. By a detailed judgment, the Division Bench upheld the preliminary objection and dismissed the said writ petition by keeping open all points







































































































































































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