PRAKASH PANDITRAO SOLUNKE v. THE STATE OF MAHARSHTRA & Ors.

PRAKASH PANDITRAO SOLUNKE VERSUS THE STATE OF MAHARSHTRA AND ORS ... Advocate for Petitioner : Mr.Jadhavar Kiran B. AGP for Respondent nos.1 to 4 : Mr.Suryawanshi K.M. Advocate for Respondent no.5 : Mr.Choudhary Abhijit i/b. Mr.Choudhary D.J. CORAM : B.P.DHARMADHIKARI AND SUNIL P. DESHMUKH, JJ. DATE : JUNE 26, 2012 P.C.: Heard. 2] We find that disputed question, whether elections have been held or not arises for consideration. The State Government has filed reply affidavit in which, they have stated that letter dated 14th August, 2009 at Annexure “F” to this petition, came to be inadvertently issued. Respondent no.5 has also come with a stand that elections are already held and challenge thereto is pending before the Co-operative Court. According to Mr.Jadhavar, elections 2 8281-10.odt have not taken place and Election Petition has been filed only to create a show of election. 3] The contentions of the parties are enough to show that this Court cannot adjudicate the controversy. Mr.Jadhavar is seeking adjournment to produce some record which, according to him, reveals that indisputably elections have not been held. 4] In the light of the facts noted above, we are satisfied that the disputed question needs to be resolved before the appropriate forum. With liberty to petitioner to approach the appropriate forum and with direction to it that if such grievance is made, same shall be looked into and decided at the earliest, we dispose of the petition. No cost. [SUNIL P. DESHMUKH, J.] [B.P.DHARMADHIKARI, J.] kbp/