Narayan Bhikaji Parab v. The State Of Maharashtra And 11 Others

WPL. 3081-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 3081 OF 2014 Narayan Bhikaji Parab ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. M. A. Sayyed i/b T. D. Joshi, for the Petitioner. Mr. J. S. Saluja, AGP for Respondent Nos. 1 to 4. Mr. Tushar Dahibawkar i/b Dahibawkar & Co. for Respondent Nos. 5 to 12.

*** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : FEBRUARY 13, 2015 PC.

1.

The grievance of the Petitioner is that though he has preferred an objection for non-inclusion of his name in the voters' list, the said objection is not decided by the Administrator. It is submitted that election is scheduled to be held on Sunday 15th February, 2015. He has produced copy of the said objection, dated 2nd January, 2015. The said objection appears to have been received by the Dy. Registrar / Administrator on 3rd February, 2015. 2.

On the other hand, the learned AGP appearing on behalf 1 / 2

WPL. 3081-14 of the Respondent Nos. 1 to 4 has submitted no such objection was received by the Administrator. We are of the view that that said controversy can be resolved by directing the Returning Officer Mr. Sudhir Chavan to consider the Petitioner's objection dated 2nd January, 2015 and decide it expeditiously in one day. Petitioner shall forthwith approach the Returning Officer Mr. Sudhir Chavan during the course of the day. If he finds that the Petitioner's name ought to have been included in the voters' list, he may accordingly correct the voters' list and permit the Petitioner to vote. However, if the Petitioner is not found eligible to vote in the election, which is scheduled to be held on 15th February, 2015, he would be at liberty to challenge the election. With these directions, writ petition is disposed of. [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2