Latabai Dadarao Wankhede v. State Of Maharashtra And Others

W.P.8483-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.8483 OF 2020 Latabai w/o Dadarao Wankhede .. Petitioner

Versus

State of Maharashtra and ors.

.. Respondents Mr D.P. Palodkar, Advocate for petitioner Mr A.B. Chate, A.G.P. for respondent-State Mr Alok Sharma, Standing Counsel for respondent no.2 Mr A.B. Kadethankar, Advocate for respondent no.3 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22nd December 2020 PER COURT :

1.

The name of the petitioner is not included in the voters list. 2.

Mr Palodkar, learned Counsel for the petitioner submits that the petitioner was member of the Panchayat Samiti for the elections held in 2012-2017. The petitioner was also Chairman of the Panchayat Samiti, Sillod. The name of the petitioner was appearing in the voters list of Vidhansabha elections, however, for no fault of the petitioner, her name was deleted and it is re-included on 17.11.2020. The petitioner at no material point of time, had filled in form No.7. The learned Counsel for the petitioner submits that the name of the petitioner be included in the valid voters list of Gram Panchayat elections of Andhari Gram Panchayat. 3.

Mr Sharma, learned Counsel for the Election Commission of India, on instructions of respondent no.2 submits that the petitioner had never filled in form No.7. Due to mistake, it appears, her name was deleted and thereafter, it is re-included on 17.11.2020.

W.P.8483-2020 4.

Mr Kadethankar, learned Counsel for respondent no.3 submits that as the name of the petitioner did not appear in Vidhansabha voting list, her name was not included in the Gram Panchayat voters list on 25.9.2020. 5.

It is not disputed by any of the learned Advocates for the respondents that the name of the petitioner was appearing in valid Vidhansabha voters list prior to 25.9.2020. It was erroneously deleted. The petitioner had never filled in form no.7 and on noticing the mistake, it has been re-included in the Vadhansabha voters list on 17.11.2020.

6.

It appears that the petitioner is not at fault. The name of the petitioner ought not to have been deleted from the Vidhansabha voters list. 7.

In light of the above, the name of the petitioner shall be included in the valid voters list of Andhari Gram Panchayat immediately. 8.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr