Mahavir Ghevarchand Mehta And ANR. v. The Returning Officer, Bhiwandi Nizampur City Municpal Corporation And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3923 OF 2017 Mahavir Ghevarchand Mehta ...

Petitioner V/s.

The Returning Officer & ors.

...

Respondents Mr. R.D. Suryavanshi for the petitioner.

Mr. Vikas Mali, AGP for the State.

Mr. S.B. Shetye for respondent no.2.

Ms. Pooja Singh i/b. Mr. N.R. Bubna for the Corporation. CORAM :

NARESH H. PATIL AND DR. SHALINI PHANSALKAR-JOSHI, JJ.

6th April, 2017.

P.C.

The petitioner claims that his name was included in the State Assembly Electoral Roll of 2014 and 2015. In the present election the State Election Commission prescribed the cut off date of 5th January, 2017. It is submitted by the Counsel appearing for the petitioner that in the assembly list authenticated upto 5th January, 2017, petitioner's name did not figure in the voters' list. The petitioner filed an application to

2/2 909wp3923.17.sxw Returning Officer for inclusion of his name in the Voters' List. It is informed that Returning Officer did not pass any order. Hence, this petition.

2.

Learned Counsel Mr.Shetye appearing for State Election Commission referred to Section 7(a) of the Municipal Corporation Act. Learned Counsel submits that as petitioner's name did not figure in the assembly voters' list as authenticated till 5th January, 2017, his name cannot be included in the voters' list. However, the petitioner is at liberty to apply to Electoral Officer to include his name in the voters' list. 3.

In view of the statement made above, we do not find that the petitioner has made out a case for issuing necessary directions as prayed for at this stage. Writ Petition stands rejected. (DR. SHALINI PHANSALKAR-JOSHI, J) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.