Ramchandra Ranu Thombre And ORS. v. State Election Commissioner And ORS.

502-WP-13275-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13275 OF 2017 Shri Ramchandra Ranu Thombare & Ors.

... Petitioners

Versus

State Election Commissioner, State of Maharashtra & Ors.

...Respondents

Mr. P.B. Shah, i/b Mr. Sanjay Kulkarni for the Petitioners. Mr. Mayur Jadhav, i/b Mr. Sachindra B. Shetye, for Respondent No.1.

Mr. A.I. Patel, AGP for State.

CORAM:

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

DATED:

30TH NOVEMBER 2017 PC:- Not on board, upon production taken on board. By this writ petition, the petitioners challenge the voters list dated 16th November 2017, prepared for the elections for the grampanchayat of village Khubvali, Taluka Mulshi, Dist. Pune. According to the petitioners, the voters list dated 16th November 2017 is wrongly prepared and it would be necessary for the respondents to conduct elections as per the final voters list dated 28th August 2017.

The learned counsel for the respondents submit that the elections programme is already declared and the last date for filing of the nomination papers is 5th December 2017. 1/2

502-WP-13275-2017.DOC If the election programme is declared, it would not be proper for this Court to interfere with the election process at this stage. The Hon'ble Supreme Court has time and again held that the High Court should not interfere with the election process at the interlocutory stage. Since the election programme is already declared, it would not be possible to direct the respondents to consider the voters list dated 28th August 2017 to be the voters list for conducting the grampanchayat elections. Since the relief sought by the petitioners cannot be granted, we dismiss the writ petition with no order as to costs. The points raised in the petition are kept open.

( RIYAZ I. CHAGLA J. ) ( SMT. VASANTI A. NAIK, J. ) 2/2