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Bombay High CourtWP/8572/2020disposed off

Ravi Madhavrao Kokre And Others v. The State Of Maharashtra And Others

2020-12-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

932-wp-8572-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8572 OF 2020 Ravi S/o Madhavrao Kokre and others ... Petitioners.

Versus

The State of Maharashtra and others ... Respondents.

....

Ms. Pratibha J. Bharad, Advocate for the Petitioners. Mr. P.K. Lakhotiya, A.G.P. for Respondents /State. Mr. A.B. Kadethankar, Standing Counsel for Respondent No.5. ....

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

DATE : 22nd DECEMBER, 2020 PER COURT:- 1.

Leave to add the State Election Commission as a party. Mr. Kadethankar, the learned Standing Counsel waives service of notice for State Election Commission.

2.

Ms. Bharad, the learned counsel for the petitioners submits that the petitioners had raised objections for inclusion of some voters in ward No.2. Some of the voters of ward No.1 were illegally included in ward No.2. There are some voters who are actually dead, some voters have migrated, those persons are included in the voters list. The same

932-wp-8572-20 has not been considered in the correct prospective. According to the learned counsel for the petitioners, the voters list is published on 14.12.2020. As the objections are not considered, the same would affect the result of the elections inter alia will affect the purity of the election.

3.

We have heard Mr. Kadethankar, learned Standing Counsel for the State Election Commission and the learned AGP for State. 4.

The petitioners have not made those persons parties against whom the petitioners raised objections that their names are illegally included in the voters list. The petitioners have filed this petition only on 21.12.2020. The nomination forms are to be filled in from 23.12.2020. It will not be possible in absence of the affected persons to entertain the writ petition.

5.

For all the aforesaid reasons, no relief can be granted to the petitioners.

6. The Writ Petition is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane