Bombay High Court

DIPAK S/O BALIRAM BEHAREversusTHE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR AND ANR

Decided: 27 July 2026
Disposal: Disposed Off
Bench: G S KULKARNI AARTI A SATHE

Holding

The Court directed the Collector to decide the representation within four weeks and kept all contentions open, thereby disposing the petition.

Summary

Dipak, son of Baliram Behare, filed a writ petition in the Bombay High Court seeking two reliefs: a direction to the Collector of Gadchiroli to decide a representation dated 5 December 2025, and a direction to the Returning Officer of Armori to treat his nomination for Prabhag No. 10 of the Nagar Parishad as valid. The petition was transferred to the principal seat of the Court and was heard by Justices G.S. Kulkarni and Aarti Sathe. The Court observed that the representation had not yet been decided by the Collector and ordered that it be decided in accordance with law within four weeks of the copy being presented. All of the petitioner's contentions were expressly kept open for further consideration. The Court disposed of the petition on these terms without awarding costs. The order was signed on 27 July 2026.

Issues considered

What direction, if any, should be given to the Collector of Gadchiroli to decide the representation dated 5 December 2025?
Whether the Returning Officer should be directed to treat the petitioner's nomination for Prabhag No. 10 as valid.

Subjects

writ petition
representation
nomination
municipal election
collector
returning officer
Bombay High Court

Judgment

                                                                                                   905.WP17078_2025.DOC
  2026:BHC-AS:31195-DB

                  Vidya Amin
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 17078 OF 2025

                        Dipak s/o. Baliram Behare                                       … Petitioner
                              Versus
                        The State of Maharashtra, through
                        the Collector, Gadchiroli & Anr.                                … Respondents
                                                                  _________
                        None for the petitioner.
                        Mr. Onkar A. Chandurkar, Addl. G.P. a/w. V.G. Badgujar, AGP, Ms. Pooja Patil,
                        AGP and Ms. Gauri Raghuwanshi, AGP for the State.
                        Mr. Akshay S. Pansare i/b. Sachindra B. Shetye for the State Election
                        Commission.
                                                       __________
                                                                 CORAM:          G. S. KULKARNI &
                                                                                 AARTI SATHE, JJ.
                                                                 DATE:           27 JULY 2026
                        P.C.
                        1.       This petition as transferred to the Principal Seat of this Court is filed

                        praying for the following substantive reliefs:

                                  “ii)    Direct the respondent no. 1 – Collector, Gadchiroli to decide the
                                  representation dated 05/12/2025 (Annex.-H) and direct respondent no. 2
                                  Returning Officer, Armori to treat the petitioner’s nomination for Prabhag
                                  No. 10 of Nagar Parishad, Armori, Tah. Armori, District Gadchiroli as valid
                                  and authorized by party.”

                        2.       None for the petitioner.

                        3.       In our opinion, the representation dated 5 December, 2025 made by the
                        petitioner if not decided so far by the Collector, Gadchiroli. the same is directed to
                        be decided in accordance with law within a period of four weeks from the date the
                        copy is presented before the said authority. All contentions in that regard are
                        expressly kept open

                        4.       All contentions are kept open.

                        5.       The petition is disposed of in the aforesaid terms. No costs


                        (AARTI SATHE, J.)                                               (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin                                        Page 1 of 1
Designation: PS To Honourable Judge                            27 July 2026
Date: 30/07/2026 11:10:41

Continue reading with your account

Checking your session…