Sunil Haribhau Shinde And Others v. State Of Maharashtra And Others

907 wp.5950.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 WRIT PETITION NO.5950 OF 2021 WITH CIVIL APPLICATION NO.11154 OF 2021 IN WP/5950/2021 SUNIL HARIBHAU SHINDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners/Applicants : Mr. Rahul P. Dhase. AGP for Respondent/State: Mr. P. K. Lakhotiya. Advocate for Respondent Nos.2 & 4: Mr. A. B. Kadethankar. Advocate for Respondents : Mr. A. S. Bajaj.

...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

03rd December, 2021.

PER COURT:

.

We have heard Mr. Dhase, learned counsel for petitioners, Mr. Kadethankar, learned counsel and Mr. Bajaj, learned counsel. Mr. Dhase, learned counsel submits that the gross illegality is committed in the preparation of the voters list. The objection of the petitioners to the voters list has not been considered in its correct perspective. The voters list is tainted. It includes the names of the persons who are not residents or are not eligible to vote and also excludes the names of the eligible voters.

907 wp.5950.21.odt It is submitted that the election program has been declared on 24th November, 2021. The nomination papers are being filled in from 1st December, 2021 and the last date for filling in the nomination papers is 7th December, 2021.

Once the election program has been declared, it would not be possible to entertain the writ petition concerning challenge to the voters list.

Reliance can be had to the judgment of the Full Bench of this Court at Principal Seat in the case of Karmaveer Tulshiram Autade & Ors. Vs. The State Election Commission & Ors, reported in, 2021(2) ALL MR 1 (F.B).

In light of the above, the writ petition is disposed of. The petitioners are at liberty to assail the voters list or any other steps in the elections after the elections are over in the proceedings that may be permission under the provisions of the statute. In that event, all the contentions are kept open. No costs.

Civil application also disposed of.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga