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    <title>2008 (12) TMI 825 - BOMBAY HIGH COURT</title>
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    <description>An intervenor in writ proceedings, who was only heard and was not a directly aggrieved party, had no substantive locus standi to maintain a letters patent appeal. The Returning Officer&#039;s declaration of election under Rule 30, once made after the withdrawal period for a sole surviving candidate, was mandatory and rendered the officer functus officio; the declaration could not later be cancelled by administrative recall, even after an interim order was withdrawn. The proper remedy lay under the election law, not in reversal by the Returning Officer. The challenged order was therefore sustained.</description>
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      <title>2008 (12) TMI 825 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=306771</link>
      <description>An intervenor in writ proceedings, who was only heard and was not a directly aggrieved party, had no substantive locus standi to maintain a letters patent appeal. The Returning Officer&#039;s declaration of election under Rule 30, once made after the withdrawal period for a sole surviving candidate, was mandatory and rendered the officer functus officio; the declaration could not later be cancelled by administrative recall, even after an interim order was withdrawn. The proper remedy lay under the election law, not in reversal by the Returning Officer. The challenged order was therefore sustained.</description>
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      <pubDate>Fri, 05 Dec 2008 00:00:00 +0530</pubDate>
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