Bombay High CourtWP/4050/2017disposed offdismissed for default

Israr Jabbar Sagre v. The Chief Election Officer Mah Election Commission And Others

2017-03-30Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

{1} wp 4050.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4050 OF 2017 Israr S/o Jabbar Sagre Petitioner

Versus

The Chief Election Officer, Maharashtra Election Commission, Mumbai and others Respondents Mr.G.J. Kore advocate for the petitioner Mrs. M.A. Deshpande, AGP for Respondent No.2 to 4 Mr. S.T. Shelke advocate for respondent No.1. _______________ CORAM : R.M. BORDE & K.L. WADANE, JJ (Date : 30th March, 2017.) PER COURT :- The petitioner is praying for issuance of direction to the State Election Commission to include his name in the electoral roll prepared for the purpose of holding elections to Municipal Corporation, Latur.

The petitioner presented an application, seeking enrollment of his name in the voters list on 9.3.2017. The petitioner is desirous of contesting elections or participating in the process of election in the Municipal Corporation and as such, seeks direction for inclusion of his name in the ward wise voters list prepared for the purpose of elections to the Municipal Corporation. Section 7-A

{2} wp 4050.17.odt of the Maharashtra Municipal Corporation Act relates to preparation of municipal electoral roll. It provides that the assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in the City, and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorized by him shall be ward roll for each ward. It is informed by the learned counsel for the State Election Commission that, the Commissioner has notified the date for the purpose of enrollment of the name in the electoral roll for Latur Municipal Corporation as 5.1.2017. Since the application tendered by the petitioner is beyond the aforesaid date, the request made by the petitioner in the instant petition does not deserve consideration. However, the application may be considered in accordance with Rules.

In view of above, writ petition is disposed of. No costs. (K.L. WADANE, J) (R.M. BORDE, J) vbd