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2021 Supreme(Bom) 281

MANISH PITALE
Gazala Bi Saddam Shah – Appellant
Versus
Collector, Buldhana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N.B. Kalwaghe, Advocate
For the Respondent:Mr. S.M. Ukey, Mr. J.B. Kasat, Mr. R.L. Khapre, Senior Advocate a/b. Mr. D. R. Khapre, Advocate

JUDGMENT :

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2) At the outset when the writ petition is taken up for hearing, a strong challenge is raised on behalf of the respondents, with regard to the very maintainability of the writ petition, in the light of the recent judgment of Full Bench of this Court dated 13/01/2021 passed in Karmaveer Tulshiram Autade And Ors. Vs. The State Election Commission and Ors., WPST 26 OF 2021 & connected petitions. It is contended that in view of the specific questions framed and answered in the said judgment of the Full Bench of this Court, the present writ petition deserves to be dismissed, as not maintainable, in view of the specific bar contemplated under Article 243-O(b) of the Constitution of India and Section 15A of the Maharashtra Village Panchayats Act, 1959 (Act of 1959). It is submitted that the grievance sought to be raised by the petitioner in this writ petition can be raised only by way of election petition, as contemplated under Section 15 of the Act of 1959.

(3) The respondent No.3 declared election program for elections to Grampanchayats including Grampan

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