Sugandhkumar Gangadhar Gadve And Others v. The Commissioner And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.8907/2015 7 WRIT PETITION NO. 8907 OF 2015 SUGANDHKUMAR GANGADHAR GADVE AND OTHERS

VERSUS

THE COMMISSIONER AND OTHERS ...

Advocate for Petitioners :Mr. Jadhav Chetan T. AGP for Respondent State: Mr.U.S.Mote ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: September 03, 2015 ...

PER COURT :- 1.

The petitioners are praying for issuance of directions to hold a detailed enquiry preferably through a Judicial Officer in respect of preparation of electoral rolls, and alleged manipulations therein, for the purposes of elections to the Municipal Corporation, Aurangabad, and more particularly, in reference to Ward No.52 - Khadkeshwar.

The petitioners are also praying for issuance of directions to respondent no.2 to maintain / archive / record / on-line library of all of the orders relating to preparation / revision of electoral rolls pertaining to any local body elections, and those to be made available on-line for general public.

2.

It is not a matter of dispute that the elections to the Municipal Corporation are over and, as such, there is no cause to entertain the present writ petition.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.8907/2015 The grievance raised by Petitioners in this petition need not be gone into for the reason that Petitioner No.1, who is defeated candidate at Corporation elections, has already presented an election petition challenging election of returned candidate. All the objections raised in the petition may be put up before forum dealing with election petition. In view of availment of remedy of election petition by Petitioner No.1, instant petition does not deserve consideration.

3.

The grievance raised by the petitioner in respect of the illegalities committed in preparation of the voters list need not be entertained. The petition is merely based on future apprehension, and according to us, the hypothetical grievance raised in the petition does not deserve consideration.

For the reasons set out above, the writ petition stands rejected.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-