Bombay High CourtWP/9797/2015dismissed

Shri. Tanaji Shankar Jadhav v. The Chief Election Commissioner And ORS.

2015-10-08Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil2 pages

rpa 1/2 wp-9797-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9797 OF 2015 WITH CIVIL APPLICATION NO.2805 OF 2015 Tanaji Shankar Jadhav ...

Petitioner V/s.

The Chief Election Commissioner & Ors.

...

Respondents ......

Mr. P. A. Pol i/b. M/s. Pol Legal Juris, Advocate for the Petitioner. Mr. Pradeep Rajgopal a/w. Ms. Debshree M. i/b. Ms.Rekha Rajgopal, Advocate for Respondent No.1.

Mr. S. B. Shetye, Advocate for Respondent No.3. Mr. S. V. Khaire - Intervenor in Civil Application No.2805 of 2015. ......

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

DATED :

OCTOBER 8, 2015.

P.C.

The petitioner applies for deletion of names of certain persons from the voters' list of the Gram Panchayat Bondle. The said application came to be rejected by Tahasildar by an order dated 10th September, 2015, which is impugned herein. The counsel appearing for the petitioner submits that prescribed procedure of Registration of Electors Rules, 1960 was not followed. Notices were not issued to the concerned parties nor to the complainant. Proper inquiry was not conducted.

rpa 2/2 wp-9797-15.doc The learned counsel appearing for the respondents submits that appropriate procedure in accordance with law is followed. It is submitted that the election programme is already declared. Nomination are to be filed from 11th October, 2015. We have perused the record placed before us and the order passed by the Tahsildar. The order is based on Circle Inspector's report. The report is tendered before us. We have perused the same.

The elections are well underway. The election programme is already declared. The nomination papers are to be submitted from 11th October, 2015. In this view of the matter, we are not inclined to exercise our extraordinary writ jurisdiction. The petition is dismissed.

In view of disposal of the Petition, Civil Application does not survive and the same is disposed of accordingly. (S. B. SHUKRE, J.) (NARESH H. PATIL, J.)