IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 3363 OF 2009 WRIT PETITION NO. 3363 OF 2009 WRIT PETITION NO. 3363 OF 2009 Shri Shashikant Shivaram Mhatre ] .. Petitioner Versus 1. Zilla Parishad, Raigad & 3 ors. ] .. Respondents Mr. S.S. Pakale for the petitioner. Mr. C.G. Gavnekar for the respondents No.2 to 4. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 01ST APRIL, 2009 P.C. : 1. Heard learned counsel. 2. The order of transfer of the petitioner as Headmaster from Pen to Mahad is under challenge. The distance from Pen to Mahad is only 120 kilometres. Learned counsel for the petitioner initially tried to make out a case of malafides. However, malafides, so as to constitute malice-in-law or malice-in-fact have nowhere been pleaded in the present petition. The learned counsel for the petitioner then tried to persuade that the transfer was effected when the code of conduct is in force and, therefore, he should not have : 2 : been transferred. Petitioner, who is a Headmaster, has nothing to do with the elections, except if his appointment is being made by the election commission for election duty. Therefore, the petitioner is also not covered by the code of conduct. 3. No ground for interference is made out. Writ Petition, accordingly, stands rejected. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]