Supreme Court - Daily Orders
Prakash Motiram Chavan vs Harichand & Ors. on 11 September, 2015
Bench: Kurian Joseph, Arun Mishra
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7059 OF 2015
(Arising out of SLP (C) No.27007 of 2014)
PRAKASH MOTIRAM CHAVAN AND ORS. PETITIONERS
VERSUS
HARICHAND & ORS. RESPONDENTS
J U D G M E N T
Leave granted.
Issue in this appeal pertains to the election of the Chairman of Panchayat Samiti and on reservation.
The High Court by the impugned order 12.09.2014 quashed the reservation provided in respect of Office of Chairman of Panchayat Samiti, Kallamb for the term 2014-2017 with a direction to the District Collector, Osmanabad to reconsider the issue of reservation, in question, in accordance with relevant Rules.
Taking note of the fact that the election process had already been commenced, this Court by order dated 22.09.2014 stayed the operation of the judgment of the High Court. We are informed that on account of the stay, the election Signature Not Verified process already commenced, continued and the elections Digitally signed by Rajni Mukhi Date: 2015.09.16 15:55:01 IST Reason: are over. For this, the appeal is disposed of by making it 1 clear that if any party is aggrieved by outcome of the election, it will be open to the parties to pursue the same before the appropriate forum. The impugned judgment dated 12.09.2014 is set aside and the appeal is allowed. However, the question of law is kept open.
................J. [KURIAN JOSEPH] ................J. [ARUN MISHRA] NEW DELHI;
SEPTEMBER 11, 2015
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ITEM NO.53 COURT NO.13 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 27007/2014
(Arising out of impugned final judgment and order dated 12/09/2014 in WP No. 7921/2014 passed by the High Court of Bombay at Aurangabad) PRAKASH MOTIRAM CHAVAN AND ORS Petitioner(s) VERSUS HARICHAND & ORS. Respondent(s) (With interim relief and office report) Date : 11/09/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Nishant Ramakantrao Katneshwarkar,Adv.
Mr. Sudhanshu S. Choudhari,Adv.
For Respondent(s) Mr. Mahaling Pandarge, Adv.
Mr. Nishant Katneshwarkar, Adv.
Ms. Aparna Jha,Adv.
Mr. Vijay Kumar, Adv.
UPON hearing the counsel the Court made the following O R D E R The civil appeal is allowed in terms of signed non-reportable judgement.
Interlocutory application pending, if any, is also disposed of.
(Rajni Mukhi) (Tapan Kumar Chakraborty)
Sr. P.A. Court Master
(Judgement is placed below)
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