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Bombay High CourtWP/2994/2015disposed off

Arun Ashok Phalke And ANR v. Additional Collector, Pune And ORS

2015-04-16Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice A.P. Bhangale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2994 OF 2015 Arun Ashok Phalke & Anr.

.. Petitioners V/s.

Additional Collector, Pune & Ors.

.. Respondents ---- Mr. Rajshekhar V. Govilkar, for the petitioner. Mrs. M.P. Thakur, AGP for respondent no. 1 to 6 State. Mr. Sachindra Bhaskar Shetye, respondent no. 7. ---- CORAM : ABHAY S. OKA & A.P. BHANGALE, J.J.

DATE : 16TH APRIL, 2015 P.C.

1.

The learned counsel appearing for the State Election Commission states that as the election of the Village Panchayat of Village Moi is not likely to be held before August 2015, the Election Commission shall publish a fresh list of voters and an opportunity will be given to submit the objections to the list of voters in accordance with the law. He states that the list of voters published on 26th January, 2015 will not be relied upon in the elections to be held after August, 2015. We accept the said statements.

2.

In view of the aforesaid statements, the impugned order dated 13th March 2015 does not survive. After a fresh list of voters is published, it will be open for the petitioners to nsk page 1 of 2

18-wp-2994-2015 raise objections which are bound to be considered in accordance with the law.

3.

Learned counsel appearing for the State Election Commission states that the State Election Commissioner has delegated powers to the Tahasildars to hear and decide the objections to the list of voters for the purpose of the election of Village Panchayat.

4.

In view of the what is stated above, impugned orders will not survive. Accordingly, the petition is disposed of. All contentions on merits are kept open.

[A.P. BHANGALE, J.] [ABHAY S. OKA, J.] nsk page 2 of 2