1 CRWP NO.407/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.407 OF 2009 Date of decision:13/9/2011 For approval and signature HON'BLE MR.JUSTICE A.H.JOSHI HON'BLE MR.JUSTICE A.R.JOSHI 1. Whether the Reporters of Local Papers Yes may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? Private Secretary AGP/office/407-09crwp 2 CRWP NO.407/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.407 OF 2009 Pathan Mobin Mehboobkhan, age 41 years, Occ. Agriculture & Business, r/o. Dr. Zakir Hussain Nagar, Sillod, Tal.Sillod, Dist. Aurangabad. ...PETITIONER VERSUS 1. The State of Maharashtra (Through Department of Urban Development, Mantralaya, Mumbai 400 032). 2. The Collector, Aurangabad, Dist. Aurangabad. 3. The Sub Divisional Officer alias the Returning Officer, For the elections of Municipal Council, Sillod, Tal.Sillod, Dist. Aurangabad, held in the year 2009. Sub Divisional Office, Sillod, Tal.Sillod, Dist. Aurangabad. 4. The State Election Commission, Maharashtra State, Mumbai, Through the Chief Election Commissioner, Maharashtra State, Mumbai. 5. Shaikh Mohsin s/o Abdul Rahim, age 36 years, Occ: Business, r/o. Mominpura, Sillod, Tq. Sillod, Dist. Aurangabad. 3 CRWP NO.407/2009 (R.No.5 added - amendment made as per order of Hon'ble Court dt.13.7.2009) 6. The Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai 400 032. (R.No.6 added - amendment made as per leave of this Hon'ble Court dated 20.4.2010) ...RESPONDENTS ... Mr. D.P.Palodkar, Adv., for the petitioner. Mr.N.R.Shaikh, APP for respondent State. Mr. S.T.Shelke, Adv., for respondent no.4. Mr.V.P.Latange, APP for respondent no.5. ... CORAM: A.H.JOSHI & A.R.JOSHI, JJ. Date: Sept.,13th, 2011 *** ORAL JUDGMENT: (Per A.H.Joshi, J.) 1. By this petition the petitioner is seeking Writ of Mandamus for decision on petitioner's representation (Annexure C). 2. By said representation, the petitioner is pursuing the cause of lodging a complaint in the Police Station on account of respondent no.5's having tendered affidavit, false to his knowledge. In the affidavit furnished with nomination papers, the petitioner had answered in negative the column in respect of criminal cases pending against him. 4 CRWP NO.407/2009 3. True it is that the system of disclosure of offenses has commenced on the initiation of the Hon'ble Supreme Court and directives issued by Election Commission, and has served as a device of introducing sanity in the matter of political offices. 4. Considering the volume of number of individuals furnishing nominations, and even a fraction thereof furnishing false affidavits, and lodgment of criminal cases would mount the volume of work to such magnitude that its compliance would pose a herculean task. 5. As we visualize, the magnitude of the volume of complaints, which may have to be filed by the authorities, is going to be extremely large in number. We feel that the device of cure sought is harsher and far more deterrent than the vice sought to be eradicated. 6. We, therefore, decline to entertain the prayer and discharge Rule. 7. Petition disposed of. No order as to costs. (A.R.JOSHI, J.) (A.H.JOSHI,J.) ... AGP/407-09crwp