Mahananda Vitthalrao Bhande And Others v. The State Of Maharashtra And Others

{1} 914-WP-3275-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3275 OF 2022 MAHANANDA VITTHALRAO BHANDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. V.D.Hon, Senior Advocate i/b. Mr. Ashwin V. Hon AGP for Respondent-State: Mr. S.B. Pulkundwar. Advocate for Respondent No. 2 : Mr. V.G. Dighe Advocate for Respondent No. 4 : Mr. A.V. Patil Advocate for Intervenor: Mr. N.B. Khandare h/f. Mr. U. L. Momale .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 9 th MARCH, 2022 ORDER :

1.

The Petitioners are aggrieved by the rejection of their application for inclusion of their names in the voters' list of Respondent No. 4- Society. The Respondent No. 2- The District Cooperative Election Authority and District Deputy Registrar has after hearing the Petitioners and after perusing the record, rejected the claim of the Petitioners for inclusion of their names in the voters' list. 2.

Heard Senior Advocate Shri. Hon for Petitioners, learned Bhagyawant Punde

{2} 914-WP-3275-2022 advocate Shri. V. H. Dighe for Respondent No. 2 and Shri. Khandare for intervenor. Several disputed questions of facts are raised in the petition, which cannot be gone into at this stage. 3.

In Dattatray Genaba Lole & Others Vs. Divisional Registrar Co-operative Societies Pune & Others (Writ Petition No. 5878 of 2021), Division Bench of this Court held that, the preparation of voters' list is an intermediate stage of the election process and in view of availability of alternate remedy to the Petitioners, the writ petition is not maintainable.

4.

In the light of above decision, the writ petition is dismissed with liberty to the Petitioners to file appropriate proceedings after declaration of results. All the contentions of the Petitioners are kept open.

[NITIN B. SURYAWANSHI] JUDGE Bhagyawant Punde