Pandurang Asraji Narvade And Others v. The State Of Maharashtra And Others

1 14-WP-4586-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4586 OF 2022 PANDURANG ASRAJI NARVADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. N. L. Jadhav AGP for Respondents/State: Mrs. V. S. Choudhari Advocate for Respondent Nos.2, 3 & 5: Mr. S. K. Kadam ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 25th April, 2022 ORDER :

1.

The learned Advocate for the petitioners states that he has deposited entire deficit court fee.

2.

The petitioners are aggrieved by deletion their names from the final voters list of respondent no.6/Society by respondent no.5/Returning Officer. It is the grievance of the petitioners that they were not aware about the publication of the election programme for finalization of the provisional voters list published by respondent no.5/Returning Officer. The objections and/or claims in respect of the provisional voters list were to be filed on or before 09/03/2022. Thereafter, the final voters list is published on 28/03/2022. The

2 14-WP-4586-2022.odt election programme is, thereafter, declared on 11/04/2022. The petitioners raised objections for the first time on 04/04/2022. Therefore, their objections are rejected on the ground that they were not raised within stipulated time.

3.

Since this petition raises several disputed questions of facts and as the election programme is already declared, this Court is not inclined to exercise extra ordinary writ jurisdiction at this stage. 4.

In the light of decision in Dattatray Genaba Lole and Others Vs. The Divisional Joint Registrar, Co-operative Societies, Pune and Others, reported in 2022(1) BomCR 471, the petitioners have alternate remedy available. The writ petition is, therefore, dismissed with liberty to avail alternate remedy. All contentions of the petitioner are kept open.

[NITIN B. SURYAWANSHI, J.] Sameer