Bombay High Court

PRAKASH NIVRUTTI YACHAWADversusTHE DIVISIONAL JOINT REGISTRAR LATUR AND OTHERS

Disposal: DISPOSED OFF

Holding

A writ petition is not maintainable where an alternate remedy, like an election petition, is available.

Summary

Petitioner Prakash Nivrutti Yachwad filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the Divisional Joint Registrar, Latur and other respondents. The petition sought relief without specifying the exact nature of the grievance. The Court examined whether the writ petition could be entertained when the petitioner had an alternative statutory remedy, namely filing an election petition. Noting the existence of this alternate remedy, the Court held that it was not appropriate to proceed with the writ petition. Consequently, the writ petition was disposed of, with the Court granting the petitioner liberty to pursue the election petition as an alternative remedy.

Issues considered

Whether a writ petition is maintainable when an alternate remedy, such as an election petition, is available

Subjects

writ petition
alternate remedy
election petition
maintainability
high court

Judgment

2026:BHC-AUG:43350-DB




                                                    1                 911 wp 12737.26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                WRIT PETITION NO. 12737 OF 2026

                        Prakash Nivrutti Yachwad                 ..   Petitioner

                                Versus

                        The Divisional Joint Registrar,
                        Latur and others                         ..   Respondents

                 Shri Umakant B. Deshmukh, Advocate for the Petitioner.
                 Shri S. K. Kadam, Advocate for the Respondent Nos. 1 and 4.
                 Ms. S. S. Joshi, A.G.P. for the Respondent Nos. 2 and 3.

                                    CORAM : NITIN B. SURYAWANSHI AND
                                            ABASAHEB D. SHINDE, JJ.
                                     DATE : 22ND SEPTEMBER, 2026.

                 ORDER :


                 .      In view of alternate remedy of filing election petition, we
                 are not inclined to entertain the writ petition. Writ petition is
                 therefore disposed of with liberty to avail the alternate remedy.



                 [ABASAHEB D. SHINDE, J.]           [NITIN B. SURYAWANSHI, J.]



                 bsb/Sept. 26

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