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Bombay High CourtCA/13628/2022disposed off

Ashok Subhash Takale And Others v. The State Of Maharashtra Through Its Secretary And Others

2024-03-19Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:6417-DB ( 1 ) wp2050.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 2050 OF 2022 WITH CIVIL APPLICATION NO. 13628 OF 2022 LAXMAN MACHINDRA WARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.H.H. Padalkar, Advocate for the Petitioner. Mr.A.A.A. Khan, AGP for Respondent Nos. 1 and 3. Mr.A.B. Kadethankar, Advocate for Respondent Nos. 2 and 4. Mr.S.E. Shekade, Advocate for the intervenor.

CORAM

: RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATED : 19.03.2024 PC :- 01.

The Petitioners approached this Court in relation to the elections to the Nagar Panchayat, Wadwani, District Beed. 23 persons whose names were purportedly in the State Assembly Electoral Rolls, found themselves deleted at the hands of the Election Officer in relation to the Nagar Panchayat, Wadwani elections, that were held on 21.02.2021. 02.

As on date, it is the belief of the petitioners [42 in numbers], that their names are included in the State Assembly Electoral Rolls. Considering that the general elections would be held in the months of April/May, 2024, the Petitioners also need to verify for themselves as to whether their names are set out in the Loksabha Electoral Rolls.

( 2 ) wp2050.22 03.

The learned Advocate appearing on behalf of the Election Commission submits that the State Election Commission has to act in accordance with the order dated 30.01.2023, even when it comes to the elections of Local Self Government Authorities. 04.

In view of the above, this Writ Petition is disposed off. Let the Petitioners verify as to whether their names are found in the Lok Sabha Electoral Rolls. If there is any grievance, they are at liberty to approach the Appropriate Authorities for the redressal of their grievance. Needless to state, this exercise has to be done in tune with the prescribed provisions of law. We make it clear that this order would be made applicable to all those persons who claim that their names were deleted from the final Nagar Panchayat Electoral Rules and would be at liberty to take recourse to the same procedure.

05.

Pending Civil Application does not survive and stands disposed off.

[R.M. JOSHI,J.] [RAVINDRA V. GHUGE,J.] snk/2024/MAR24/wp2050.22