Supreme Court - Daily OrdersRita Subhash Shah vs Election Officer . on 10 January, 2017Bench:Kurian Joseph,A.M. KhanwilkarNON-REPORTABLE
                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                          CIVIL APPEAL NO(S). 301 OF 2017
                                        (ARISING FROM SLP(C) NO. 23549/2012)

                         RITA SUBHASH SHAH                                             APPELLANT(S)

                                                               VERSUS

                         ELECTION OFFICER & ORS.                                       RESPONDENT(S)

                                                    J U D G M E N TKURIAN, J.Leave granted.2.     In this appeal arising out of SLP(C) No.23549 of
                         2012 all that the High Court has done is to relegate
                         the    appellant    to    pursue      the   remedy     by     way    of   an
                         election petition.3.     In the peculiar facts and circumstances of this
                         case, we do not deem it appropriate to interfere with
                         the    order    since    the     alternate      remedy       by     way   of
                         election petition is the most efficacious remedy for
                         the appellant in the facts of this case, particularly
                         since the nomination of the appellant is alleged to
                         have    been     improperly       rejected      by     the     Returning
                         Officer.4.     Therefore, this appeal is disposed of as follows:i)         The result of the election already
                                 conducted       during     the      pendency     of       this
                                 appeal shall be declared forthwith.ii)        In    case    an    election      petition       is
                                 filed by the appellant within 10 days from
                                 the declaration of the result, we direct
                                 the Election Tribunal to try and dispose ofSignature Not VerifiedDigitally signed byNARENDRA PRASADthe same on merits expeditiously and at anyDate: 2017.01.1617:52:08 ISTReason:                          rate before the declaration of the election
                                 for the next term.15.   There shall be no order as to costs.6.   Pending   application(s),   if   any,   shall   stand
disposed of........................J.
                                          [KURIAN JOSEPH]



                                 .......................J.
                                        [A.M. KHANWILKAR]
NEW DELHI;JANUARY 10, 2017.2NON-REPORTABLE
                    IN THE SUPREME COURT OF INDIA
                     CIVIL APPELLATE JURISDICTION


                    CIVIL APPEAL NO(S). 302 OF 2017
              (ARISING FROM SLP(C) NOS. 18902/2014)



RITA MAGANLAL ACHARYA @ RITA SUBHASH SHAH                        APPELLANT(S)


                                         VERSUS

DIVISIONAL CASTE CERTIFICATE SCRUTINY
COMMITTEE & ORS.                                                 RESPONDENT(S)

                                 J U D G M E N T

KURIAN, J.Leave granted.2.     The appellant is aggrieved since the order of the

Caste Scrutiny Committee which upheld the claim of

the appellant as belonging to Hindu Jogi has been

stayed by the High Court.3.     Being an interim order, we do not propose to go

into    the    merits       of    the    matter.       Since     the    fresh

elections are due to be held around six months, we

request       the    High        Court   to      dispose    of   the     writ

petition      expeditiously          and       preferably   within      three

months from the production of a copy of this order.4.     Needless also to say that the writ petition will

be disposed of on merits uninfluenced by any of the

observations contained in the impugned interim order.5.     The appeal is disposed of.36.   There shall be no order as to costs.7.   Pending   application(s),   if   any,   shall   stand

disposed of........................J.
                                          [KURIAN JOSEPH]



                                 .......................J.
                                        [A.M. KHANWILKAR]
NEW DELHI;JANUARY 10, 2017.4ITEM NO.4                  COURT NO.7                SECTION IX

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).      23549/2012

(Arising out of impugned final judgment and order dated       30/07/2012in WP No. 7186/2012 passed by the High Court of Bombay)

RITA SUBHASH SHAH                                      PETITIONER(S)

                                   VERSUS

ELECTION OFFICER & ORS.                            RESPONDENT(S)
(with appln. (s) for permission to file additional documents and
interim relief and office report) (For Final Disposal)

WITH    SLP(C) No. 18902/2014 (With Interim Relief and Office Report)

Date : 10/01/2017 These petitions were called on for hearing today.

CORAM :    HON'BLE MR. JUSTICE KURIAN JOSEPH
           HON'BLE MR. JUSTICE A.M. KHANWILKAR

For Petitioner(s)    Mr. Sachin Patil,Adv.

For Respondent(s)    Mr. Vinay Navare,Adv.Ms. Abha R. Sharma,Adv.Mr. Arun R. Pedneker,Adv.Mr. V.N. Raghupathy,Adv.Mr. K.N. Rai,Adv.Dr. R. R. Deshpande,Adv.Mr. Nishant Ramakantrao Katneshwrkar,Adv.

       UPON hearing the counsel the Court made the following
                                O R D E R
       Leave granted.The appeals are disposed of in terms of the respective signed
judgments.(NARENDRA PRASAD)                            (RENU DIWAN)
          COURT MASTER                           ASSISTANT REGISTRAR

(Two separate Signed 'Non-Reportable' Judgments are placed on
the file)5