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Bombay High CourtWP/8889/2020disposed off

Prashant Uddhavrao Waghmare And Others v. The State Of Maharashtra And Others

2020-12-24Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 912-wp8889-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.8889 OF 2020 PRASHANT UDDHAVRAO WAGHMARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Londhe Shashikant S AGP for Respondent State: S.R.Yadav (Lonikar) Std.Counsel for Respondent 2 to 4 : A.B.Kadethankar ...

CORAM :

V.K.JADHAV AND MANGESH S. PATIL, JJ.

[VACATION COURT] DATE :

24.12.2020 P.C. :- By this petition the petitioners are objecting to formation of the wards and the voters' list in respect of the elections to the group Gram Panchayats which are already underway in accordance with the program published pursuant to the order issued by the State Election Commission. 2] According to the learned advocate for the petitioners, the wards have not been formed and the voters list has not been prepared in accordance with the Bombay Village Panchayat (Number of Member, Division into Wards and Reservation of Seats) Rules 1966. The learned advocate would point out that several mistakes have been committed in preparing the voters list. Even the Talathi of the concerned village has submitted a report to that effect on 18/12/2020. The State Election Commission has also issued a direction to all the Collectors by its communication dated 20/11/2020 inter alia to correct

( 2 ) 912-wp8889-20 the errors in preparation of the voters list and laying down further modalities (Exh.A). He would therefore submit that in spite of such directives of the State Election Commission and the report of the Talathi steps are not being taken by the respondents to correct the voters list.

3] The learned Standing Counsel Mr.Kadethankar for the Election Commission and the learned A.G.P. submit that it is after undertaking the entire process and bearing in mind the directives of the State Election Commission dated 20/11/2020 the matter has progressed further and the election program has also been published. The nominations are to be filled between 23/12/2020 and 30/12/2020.

4] It is a matter of record that since it is a process of holding election, the things do not happen overnight. It precedes with several steps and the time schedule is to be followed. It is only thereafter that the matter reaches at the stage at which it is today.

5] Assuming that there are some errors in preparation of the voters list, we do not find sufficient and cogent reason/explanation coming from the petitioners side for not raising the objections in time and approaching this Court promptly. We are therefore, not inclined to intervene in the process of election which is already underway.

6] The Writ Petition is dismissed.

[MANGESH S. PATIL, J.] [V.K.JADHAV,J.] umg/