Vijay S/O. Pandurang Ghodmare v. The Election Commission Of India, Nirvanchan Sadan, New Delhi And Others

wp-289-2021-27.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.289 OF 2021 Vijay s/o. Pandurang Ghodmare ... Petitioner

Versus

The Election Commission of India, Nirvachan Sadan, New Delhi and others ... Respondents Mr. P.S.Wathore, Advocate for the petitioner. Ms. Nirja Chaubey, Advocate for respondent Nos.1 and 3. Mr. N.S. Rao, Assistant Government Pleader for the respondent Nos.4 to 8. CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 14 JANUARY 2021 P.C.:

Heard the learned Counsel for the parties.

2.

The limited grievance made in this petition is that the Petitioner had submitted an Application taking an objection about inclusion of the name of certain voters and deletion of the names of voters in respect of the Constituency, which the Petitioner has specified in his objection dated 11 December 2020.

3.

The learned Counsel for the Petitioner submits that as on 15 December 2020, the Returning Officer has directed the Tahsildar, SKNair

wp-289-2021-27.odt Assistant Returning Officer to take necessary steps as per the Rules in respect of the objection of the Petitioner, however, no such steps are being taken.

4.

The election programme is declared and finalization of the Voter List is tomorrow. The petitioner has submitted the objections on 6 January 2021 i.e. within the stipulated time. The learned Counsel for the Respondents submitted that for want of instructions, as the copy of the Petition has been served upon them recently, they are unable to make statement whether as per Rules the objection has not been decided or otherwise as asserted by the Petitioner.

5.

We dispose of the Writ Petition, directing that in case the objection of the Petitioner, submitted on 11 January 2021, is not disposed of as per Rules, the same shall be dealt with as per Rules before the finalization of the Voter List scheduled tomorrow i.e. 15 January 2021. 6.

The Writ Petition is accordingly disposed of. 7.

The Respondents will communicate the order to the Returning Officer, without waiting the copy of this order. [ANIL S. KILOR, J.] [NITIN JAMDAR, J.] SKNair