The Sionkamgar Chs Ltd v. The Asst. Registrar And ORS

skc 905-WP-8703-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8703 OF 2017 The Sionkamgar CHS Ltd.

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Petitioner vs.

The Assistant Registrar, F/N Ward & Ors.

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Respondents Mr. Harish Pawar for Petitioner.

Mr. Rajesh Parab for Respondent Nos. 1 to 6. CORAM : M. S. SONAK, J.

DATE: 21 SEPTEMBER 2017 P.C :

1] Heard Mr. Pawar for the petitioner.

2] The challenge in this petition is to the orders dated 29th May 2017 and 30th May 2017 in relation to the finalization of the voters list.

3] Mr. Pawar contends that the impugned orders are ex facie without jurisdiction because the Assistant Registrar, has no authority or jurisdiction to direct corrections in the final voters list, which is precisely what the Assistant Registrar has done in terms of the impugned order.

4] The election process has already commenced and in fact, the date of poll is 24th September 2017. At this stage, it will not be 1/2

skc 905-WP-8703-17.doc appropriate for this Court to intervene because any intervention is bound to derail the conclusion of the election process. 5] Instead, applying the settled principles in such matters, the petitioner, can always be given an opportunity to challenge the entire election process upon its conclusion, inter alia on the grounds raised in this petition as well. Therefore, keeping the rights and contentions of the petitioner open inter alia, to even question the orders impugned in this petition and the contentions raised in pursuance thereof, this petition is not entertained. The petitioner, after conclusion of the election, shall have the liberty to raise all such challenges by taking out appropriate proceedings before the appropriate forum. This petition is disposed of accordingly. (M. S. SONAK, J.) Chandka 2/2