Umakant Maroti Tate v. The State Of Maharashtra Through Its Principal Secretary And Others

( 1 ) 940wp11756-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO.11756 OF 2022 UMAKANT MAROTI TATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Kulkarni Vaibhav B. AGP for Respondents/State : Mr. A. S. Shinde Advocate for R/2 : Mr. Kadethankar Ajit B.

...

CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.

DATE : 25-11-2022 P.C. :- Heard.

2.

The petitioner is challenging the formation of ward and distribution of voters. The learned advocate for the petitioner submits that the petitioner had submitted an objections dated 31.10.2022 and 09.11.2022 and even before its decision, the formation of wards and voters list has been finalised which is arbitrary and illegal.

3.

The learned advocate Mr. Kadethankar for the State Election Commission opposes the petition stating that under the guise of challenging ward formation the petitioner is, in substance, putting up a challenge to the

( 2 ) 940wp11756-22 voters list which has been finalised. Causing any interference at this stage would tantamount to stalling the imminent election process. 4.

We have considered the rival submissions. The objections put up by the petitioner vide communications dated 31.10.2022 and 09.11.2022 do not make out a clear and concrete ground albeit the learned Advocate for the petitioner now submits that he is intending to challenge the formation of wards.

5.

Considering the fact that the objections being raised by the petitioner would have an affect on the rights of several other voters to cast their vote from a particular ward and those who have not been made parties and have no grievance to continue their names in a particular voters list of a specific ward, we are afraid this Court cannot exercise writ jurisdiction affecting so many persons merely because of the request of petitioner individual.

6.

The Writ Petition is dismissed.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] JPChavan