Prakash Vithoba Gude v. The State Of Maharashtra And Others

{1} wp3812-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3812 OF 2022 Prakash Vithoba Gude PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. R. D. Biradar, Advocate for the petitioner Mr. S. W. Munde, AGP for respondent - State Mr. V. H. Dighe, Advocate for respondent No.2 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23 rd MARCH, 2022 ORDER :

1.

Name of the petitioner was not included in the provisional voters' list of respondent No.3 society, which was published on 17th February, 2022. Objections to the provisional voters' list were invited between 17th February, 2022 and 28th February, 2022. On 15th March, 2022, the final voters' list is published, wherein also, petitioner's name does not appear. 2.

It is the contention of the petitioner that without there being any objection, name of the petitioner is not included in the provisional as well as final voters' list.

3.

If the petitioner had any grievance in respect non inclusion

{2} wp3812-22 of his name in the voters' list, he was expected to lodge his claim / objection within the stipulated time i.e. between 17th February, 2022 and 28th February, 2022. The petitioner has failed to do so. Since final voters' list is now published, it is not possible to accept the grievance of the petitioner that his name is not appearing in the final voters' list.

4.

The petitioner may avail alternate remedy in view of decision of the Division Bench of this Court in Writ Petition No. 5878 of 2021 (Dattatray Genaba Lole and Others V/s The Divisional Joint Registrar Co-operative Societies, Pune and Others).

5.

In that view of the matter, the writ petition is dismissed with liberty to the petitioner to avail alternate remedy. All contentions of the petitioner are kept open.

[NITIN B. SURYAWANSHI] JUDGE drp/wp3812-22