Trimbak Sambhaji Mohite And Others v. The State Of Maharashtra And Others

1 921-WP-3564-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3564 OF 2022 TRIMBAK SAMBHAJI MOHITE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Shahaji B. Ghatol Patil AGP for Respondents - State : Mr. S. N. Kendre Advocate for Respondent Nos. 5 to 7 : Mr. V. H. Dighe ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 15TH MARCH, 2022 PER COURT :

1.

The petitioners are aggrieved by non-inclusion of their names in the final voters' list of respondent No.8 society. The petitioners submitted their claim to the provisional voters' list and sought inclusion of their names. The said claim was turned down by respondent No.6. 2.

The learned advocate for petitioners relied on Dalsing s/o Shamsing Rajput Vs. State of Maharashtra and Others, reported in 2006(3) Mh.L.J. 592 and Shriram Sahakari Dudh Utpadak Sanstha Maryadit and Another Vs. State of Maharashtra and Others, reported in 2022(1) Mh.L.J. 656.

3.

Several disputed questions of facts are involved in the present petition. The Division Bench of this Court in Dattatray Genaba

2 921-WP-3564-22.odt Lole and Others Vs. The Divisional Joint Registrar, Cooperative Societies, Pune and Others, reported in 2022(1) BomCR 471, held that preparation and finalisation of voters' list is an intermediate stage of the election process and in view of availability of alternate remedy the writ petition is not maintainable.

5.

In the light of the above, writ petition is dismissed with liberty to the petitioners to avail alternate remedy. All the contentions of the petitioners are kept open.

(NITIN B. SURYAWANSHI, J.) SVH