Vakeel Ahmed Jahur Hassan Sayyed And ORS. v. State Of Maharashtra And ORS.

pp-502-wp-5391-17 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5391 OF 2017 Vakeel Ahmed Jahur Hassan Sayyed and ors.

.. Petitioners Vs.

State of Maharashtra and ors.

.. Respondents Mr. R. P. Khobragade for petitioners.

Mr. Vikas Mali, AGP for State.

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

CORAM: NARESH H. PATIL & DR. SHALINI PHANSALKAR-JOSHI, JJ.

MAY 03, 2017.

P.C.

1.

Petitioners claim that their names were included in the Assembly Voters' List prepared in the year 2015, but later on, without any fault of the petitioners, their names were deleted from the Assembly Voters' List. The petitioners noticed deletion of their names and approached the Returning Officer, who observed in the communication dated 30/3/2017 addressed to respondent no.2 informing that the names of the petitioners were uploaded on ERMS Software on 20/3/2017. Learned counsel for the petitioners, therefore, submits that the petitioners may be permitted to participate in the election process.

pp-502-wp-5391-17 2.

According to the learned counsel Mr. Shetye, the cut-off date for the Voters' List was 5/1/2017. Needless to mention that the Assembly Voters' List is the basis for election of statutory bodies. Admittedly, petitioners' names were not there in the Assembly Voters' List. The reason for deletion of the names of the petitioners from the Voters' List, at this stage, need not be gone into. The election process is already set in motion. Nomination forms are being accepted.

3.

In view of the above, no interference is warranted at this stage. Petition is rejected.

(DR. SHALINI PHANSALKAR-JOSHI,J.) (NARESH H. PATIL,J.)