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Bombay High CourtWP/9794/2015disposed off

Tejashri Sopan Kautkar v. The State Of Maharashtra Through The Collector And District Magistrate And ORS

2015-10-06Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9794 OF 2015 Tejashri Sopan Kautkar.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

U.P.Warunjikar i/b. Satyavrat Joshi for the petitioner. Vikas Mali, AGP for the State.

N.P.Deshpande for respondent No.4.

S.B.Shetye for respondent No.5.

Pradeep Rajgopal with Ms.Debashree M. i/b. Rekha Rajgopal for respondent No.6.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

6th October 2015.

P.C.

Heard.

2.

The petitioner's grievance is that in spite of cut-off date 1st August 2015 fixed by the Election Commission for electoral role to be operational, some of the persons though enrolled after 1st August 2015 have been shown as voters in the final list of voters. The petitioner enrolled her name on 5th September 2015. In the provisional list of

skn 2/3 9794.15-wp.sxw voters, petitioner's name was described and published accordingly. But in the final list published on 14th September 2015 the petitioner's name got deleted from the list of voters.

3.

The learned counsel appearing for respondent No.4 submits that cut-off date for enrolling the name in voters list was fixed as 1st August 2015 and the petitioner enrolled her name after the cut-off date. Therefore, the petitioner's name does not appear in final list of voters. 4.

In view of the statement made above and the documents placed before us, the petitioner would not be entitled to get her name enrolled in the final list of voters.

5.

The competent authorities conducting elections and maintaining electoral roll are directed to take notice of cut-off date 1st August 2015 and issue appropriate instructions to the Returning Officer. The State Election Commission shall call for explanation as to how names of some of the persons appear in final voters list in spite of enrolling after cut-ff date 1st August 2015.

6.

With the aforesaid observation and direction, petition is disposed of.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..

skn 3/3 9794.15-wp.sxw CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order/order.