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Bombay High Court

The Amravati Zilla Parishad Shikshak ... vs The State Election Commission, Through ... on 15 March, 2019

Author: S.M. Modak

Bench: Ravi K. Deshpande, S.M. Modak

1503wp2173.19                                                                                       1/2

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH : NAGPUR

                           WRIT PETITION NO.2173 OF 2019
(The Amravati Zilla Parishad Shikshak Sahakari Bank Ltd. vs. The State Election
Commission and others)
______________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
                                 Shri A.M. Ghare, Advocate for petitioner.
                                                --------
                                                    CORAM : R.K. DESHPANDE AND
                                                            S.M. MODAK, JJ.

DATED : MARCH 15, 2019 In view of decision of this Court in Beed District Central Cooperative Bank Ltd., Beed vs. Election Commission of India and others (1998(2) Mh.L.J. 455), it is urged by Shri Ghare, learned Counsel for petitioner, that the action of respondents in directing the petitioner to deposit the vehicles is in contravention of the said decision. It is further urged that unless it is shown that vehicles owned by the Cooperative Society are misused for electioneering or for campaigning by any candidate, vehicles cannot be directed to be deposited. Such eventuality, according to petitioner, has not occurred, however, the vehicles are directed to be deposited.

Issue notice for final disposal of the matter, returnable on 7/6/2019.

Shri Dhumale, learned Assistant Government Pleader waives service of notice for respondent nos.2 and 3.

There shall be stay to the communication dated 10/3/2019 issued by the respondent no.2 Collector and District Returning Officer, Amravati.

We make it clear that if it is found that vehicles are being misused by the petitioner for the purpose of electioneering, the order passed by this Court shall not come in the way of respondents in seizing the vehicles.

                                                   JUDGE                                   JUDGE




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