Bhausaheb Kashinath Phadtale And ANR v. The State Of Maharashtra Through The Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12083 OF 2015 ...

Bhausaheb Kashinath Phadtale & Anr.

...Petitioners

v/s.

The State of Maharashtra & ors.

...Respondents

...

Mr.P.J.Thorat for the Petitioners.

Mr.P.P.Kakade, AGP for Respondent-State.

Mr.S.M.Sabrad for Respondent No.4.

...

CORAM : NARESH H. PATIL & A.A.SAYED, JJ.

DATED : 9 FEBRUARY 2016 P.C.:

The Petitioner prays for quashing the final list of voters published on 14 August 2015 and issuing further direction to take steps for publication of final voters list afresh. It is submitted by the learned Counsel for the Petitioner that elections were conducted for 62 Grampanchayats and newly elected committees represent the Grampanchayats. In view of fresh elections held to 62 Grampanchayat, necessary correction/ up-gradation is required to be carried out, in the Final List of voters.

2.

In the facts we are of the view that the entire final voters list need not be quashed and set aside for the said purpose. Rule 36(15) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 reads as under:

Uday P. Kambli 1/2

2/2 wp-12083-15.doc "Any persons whose name is not entered in the final list of voters as republished under sub-rule(14) may at any time but (not after than 3 days before the last date for nomination) apply to the Collector (or the District Deputy Registrar, as the case may be,) for inclusion of his name in the list."

3.

In view of this Rule, the Petitioner may take appropriate steps. With these observations the Petition is disposed of. (A.A. SAYED, J.) (NARESH H. PATIL J.) Uday P. Kambli 2/2