Bombay High Court

WP/624/2003 of MR. JOSE AVELINO F.MENEZES ALIAS FORTUNATO MENEZES Vs STATE OF GOA AND 87 ORS., on 9 December 2003

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COURT OF BOMBAY AT GOA WRIT PETITION NO. 624 OF 2003 MR. JOSE AVELINO F.MENEZES ALIAS ....Petitioners FORTUNATO MENEZES Versus STATE OF GOA AND 87 ORS., ....Respondents SHRI J.A. LOBO,SHRI C.A. COUTINHO Coram:- A.M.KHANWILKAR & P. V. HARDAS, JJ. Date:- 9th December, 2003 P.C.: Heard both

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 624 OF 2003

MR. JOSE AVELINO F.MENEZES ALIAS FORTUNATO MENEZES

Versus

....Petitioners

STATE OF GOA AND 87 ORS.,

....Respondents

SHRI J.A. LOBO,SHRI C.A. COUTINHO

-Coram:A.M.KHANWILKAR &P. V. HARDAS, JJ.-Date:9th December, 2003

P.C.:

Heard both sides.

We are not inclined to exercise writjurisdiction at the instance of thePetitioner for more than one reason. Inthe first place, Notification fixingdates for election which is challengedin this Petition was issued as back ason November 5, 2003. Whereas thepetition has been filed on 5th December,2003 and moved before us for today whenelection process in respect of some ofthe communidades is already progressedtill the stage of poll. In any case, itis seen that the petitioner who alonehas taken exception to the Notification,at best, may succeed in his argumentonly with regard to one of theCommunidades, namely Seraulim, inrespect of which elections are notified for 16th December, 2003 which is not a Sunday. The explanation offered by the petitioner for delay infiling the Writ Petition does notcommend to us.In the circumstance, we decline toexercise our writ jurisdiction. Hencedismissed.

A.M.KHANWILKAR, J.

P. V. HARDAS, J.

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