Shri. Hiraman Nivrutti Raut And ORS v. The Chief Executive Officer, Cantonment Board And ORS

vsp 2-wp-9911-2013 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9911 OF 2013 __________________________________________________________________________ Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

__________________________________________________________________________ Mr. Vijay Killedar for the Petitioner.

Mr. K. J. Presswalla a/w. Mr. Sandeep Goyal i/b. Mulla & Mulla for Respondent Nos. 1 to 5.

CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATE : 24TH MARCH, 2015 P.C.:

.

It appears from the affidavit filed on record that the Electoral Roll of the Dehu Road Cantonment Board was finalized on 15th September, 2013. It is not in dispute that on that day, the names of first, second and fifth Petitioners were shown in the voters' list of the Pimpri Chinchwad Municipal Corporation.

2.

Applications were made by the Petitioners for inclusion of their names in the Electoral list on 20th September, 2013. These applications were made after the Electoral Roll was finalized. The elections have been held on 11st January, 2015.

vsp 2-wp-9911-2013 3.

Hence, at this stage, no case for interference is made out in the writ jurisdiction under Article 226 of the Constitution of India.

4.

Accordingly, writ petition is rejected.

5.

We make it clear that whenever an opportunity is available, it will be open for the Petitioners to apply to the concerned authorities for inclusion of their names in the Electoral Roll of the Dehu Road Cantonment Board. If such applications are made, the same shall be dealt with in accordance with the law.

6.

All contentions on merits are kept open.

(A. P. BHANGALE, J.) (A. S. OKA, J.)