Anjerao Shivram Wagh v. The State Of Maharashtra And Others

1 917-WP-3560-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3560 OF 2022 ANJERAO SHIVRAM WAGH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : 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 objection filed by the petitioner seeking deletion of names of respondent Nos. 9 to 31 from the final voters' list of respondent No.8 Society is rejected by respondent No.3. The petitioner is aggrieved by the said order.

2.

The learned advocate for petitioner 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 impugned order is passed on the basis of report

2 917-WP-3560-22.odt submitted by the respondent No.4 Assistant Registrar who has verified the record of respondent No.8 Society.

4.

The Division Bench of this Court in Dattatray Genaba 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 petitioner to avail alternate remedy. All the contentions of the petitioner are kept open.

(NITIN B. SURYAWANSHI, J.) SVH