Radha Bibishan Ghogare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO.8364 OF 2020 RADHA BIBISHAN GHOGARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. V. S. Undre AGP for Respondent Nos. 1 to 3 : Mr. A.B. Chate Advocate for Respondent No.4 : Mr. A. B. Kadethankar Advocate for Respondent No.5 : Mr. Alok Sharma ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 17th DECEMBER , 2020.

...

PER COURT :

.

Mr. Undre, learned counsel for the petitioner submits that the petitioner is resident of Grampanchyat Donja. Her name is not included in the voters list. The petitioner immediately on attaining 18 years of age, applied to the State Election Commission for including her name in the Vidhan Sabha voters list. No decision has been taken though the application was made on 25th February, 2020. The name of the petitioner be directed to be included in the voters list for Grampanchyat, Donja.

2.

The learned counsel Mr. Undre submits that as the name of the petitioner did appear appear in the provisional voters list, the petitioner fled objection within a stipulated period i.e. on 7th December, 2020. The respondents failed to consider the said objection and included the name of the petitioner. 3.

We have also heard Mr. Sharma, the learned counsel for the Election Commission of India, Mr. Kadethankar, learned counsel for the State Election Commission and the learned A.G.P. 4.

For the Grampanchyat election the Vidhan Sabha voters list is the only list to be considered. As the name of the petitioner does not appear on the cut of date in the Vidhan Sabha voters list, the request of the petitioner cannot be considered.

5.

Writ petition is disposed of. No costs.

6.

At the request of the petitioner, leave to add Election Commission of India as a party.

7.

If the petitioner has fled application for inclusion of her

name in the Vidhan Sabha voters list with the Election Commission of India, same would be considered in accordance with the law.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) vsm/-