Sushil Shivram Mengade v. State Of Maharashtra And ORS.

prod-40-wp-1434-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.1434 OF 2017 Sushil Shivram Mengade

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. S.M. Gorwadkar, Senior Advocate a/w. Mr. Niranjan Mogre, for the Petitioner.

Ms. A. Vhatkar, AGP for Respondent-State.

Mr. S.B. Shetye, for Respondent No. 2.

Mr. A.P. Kulkarni, for Respondent No. 3.

Mr. Pradeep Rajgopal a/w. Ms. Drishti Shah, for Respdt.Nos. 4 & 5. CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

FEBRUARY 02, 2017 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Leave to amend is granted so as to correct the description of Respondent No. 2. The amendment is to be carried out forthwith. 3.

Feeling aggrieved by the deletion of the name of the Petitioner from the final voters list of Ward No. 31, Karvenagar the Petitioner has filed this Petition.

Vishal Parekar 1/2

prod-40-wp-1434-2017.doc 4.

The learned counsel for Respondent Nos. 4 and 5 as also on behalf of the Election Commission of India on instruction submits that there is an error in the voters list and the name of the Petitioner has been mistakenly deleted from the voters list. He submits that the error has been rectified and order to that effect has already been passed.

5.

In view of the aforesaid, in our considered view nothing survives in the Petition. However we direct that the supplementary list in regard to the correction made in the voters list be sent by Respondent No. 4 to Respondent Nos. 2, 3, 5 as also to the Collector of Pune. On receipt of the same, Respondent Nos. 2, 3, 5 as also the Collector of Pune shall ensure that the Petitioner's name has entered in the final voters list and he be allowed to participate in the entire process of election. Let this exercise be done during the course of the day.

6.

The Petition stands disposed of as such.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2