PRAKASH MOTIRAM CHAVAN AND ORS. Vs. HARICHAND and ORS.
EmailAppeal: CIVIL APPEAL NO.7059 OF 2015
Petitioner: PRAKASH MOTIRAM CHAVAN AND ORS.
Respondent: HARICHAND and ORS.
Judges: KURIAN JOSEPH , ARUN MISHRA
Date of Judgment: Sep 11, 2015
JUDGEMENT:
NON- 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 process already commenced, continued and the elections are over. For this, the appeal is disposed of by making it
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
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 process already commenced, continued and the elections are over. For this, the appeal is disposed of by making it
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
