Rahul Damodhar Karkhele v. The State Of Maharashtra And Others

(1) W.P. No. 0354 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 0354 of 2017 District : Ahmednagar Rahul Damodhar Karkhele, Age : 43 years, Occupation : Agriculture / Business, R/o. Tribhuwanwadi, Taluka Pathardi, District Ahmednagar.

.. Petitioner.

versus

1. The State of Maharashtra, Through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai - 32.

2. The State Election Commissioner, New Administrative Building, In front of Mantralaya, Madam Kama Road, Hutatma Rajguru Chauk, Mumbai.

3. The District Election Officer, The Collector, Ahmednagar, Dist. Ahmednagar.

4. The Sub-Divisional Officer, Electoral Registering Officer, Pathardi Division, Taluka Pathardi, District Ahmednagar.

5. The Tahsildar, Pathardi, Assistant Electoral Registering Officer, Taluka Pathardi, District Ahmednagar.

(2) W.P. No. 0354 of 2017

6. The Block Level Officer, Shri Gaikwad Dnyandev Ramkrishna, Age : 50 years, Occupation : Service, At Post Tribhuwanwadi, Taluka Pathardi, Dist. Ahmednagar.

.. Respondents.

...........

Mr. P.R. Nangare, Advocate, for the petitioner. Mr. A.R. Borulkar, Asst. Government Pleader, for respondent no.01.

Mr. S.T. Shelke, Advocate, for respondent no.02. ...........

CORAM : V.M. KANADE & SANGITRAO S. PATIL, JJ.

DATE : 16TH JANUARY 2017 ORAL ORDER :

Heard.

02.

The petitioner had made an application for removal of his name from voters' list for elections to Municipal Council, Pathardi, District Ahmednagar. The Municipal Council accordingly deleted his name from voters' list for elections to Municipal Council, Pathardi. Simultaneously, the petitioner had applied for inclusion of his name in voters' list of village Tribhuwanwadi, Taluka Pathardi, District Ahmednagar, for the purpose of elections of Zilla Parishad and Panchayat Samiti. It is submitted that though he had filed an application to that effect in July 2016, the

(3) W.P. No. 0354 of 2017 same has not been decided so far.

03.

This being only relief claimed by the petitioner, the respondent no.05 - Tahsildar is directed to take a decision on the application made by the petitioner, praying for inclusion of his name in the voters' list of village Tribhuwanwadi which comes in 223 Rahuri Legislative Assembly Constituency for the purpose of Zilla Parishad & Panchayat Samiti election 2017, within one week, on merits and in accordance with law.

04.

With the above directions, the Writ Petition is disposed of.

05.

Parties to act on an authenticated copy of this order.

In addition, the learned Asst.

Government shall inform this order to the Tahsildar and even if copy of this order is not available, the Tahsildar may proceed to decide petitioner's application.

( Sangitrao S. Patil ) ( V.M. Kanade ) JUDGE JUDGE ...........

puranik / WP354.17