Shamshuddin Mobin Khan And ANR. v. Election Commission Of India And ORS.

935-WP-8187-17.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8187 OF 2017 Shamshuddin Mobin Khan & Anr.

...Petitioners

Versus

Election Commission of India & Ors.

...Respondents

---------- Mr. Uday Warunjikar, for the Petitioners.

Mr. Irfan R. Shaikh, i/by Mr. Sachindra B. Shetye, for the Respondent No. 2.

Ms. Shweta Vaidya, i/by Mr. N.R. Bubna, for the Respondent No. 3.

---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE :

24 November 2017 ORDER :

Heard. By this writ petition, the petitioner seeks a direction against the respondents to introduce VVPAT system for the entire State of Maharashtra for the General municipal elections and the elections to 95 wards of Mira Bhayandar Municipal Corporation.

The learned counsel for the respondent 1/2

935-WP-8187-17.doc No. 2 states that the elections to the wards of Mira-Bhayandar Municipal Corporation are concluded and the prayer made by the petitioners in respect of the elections to the 95 wards of the municipal corporation is rendered infructuous.

We find that the petitioners would not have a locus to seek the introduction to the VVPAT system in the municipal elections in the entire State of Maharashtra. The petitioners are concerned with the municipal elections to the Mira Bhayandar Municipal Corporation, but the said elections are already concluded.

Hence, by keeping the points in regard to the introduction of VVPAT system to the municipal elections in the other parts of the State of Maharashtra where the elections are not yet concluded open, we dispose of the writ petition with no order as to costs.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2