Diwakar Gulab Pendam v. Union Of India, Chief Election Commission Of India, New Delhi And Another

2024:BHC-NAG:3926-DB 36-WP-2138-24.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 WITH WRIT PETITION ST. NO.7007 OF 2024 Shri Diwakar Gulab Pendam, Chandrapur -vsUnion of India, Chief Election Commission of India, New Delhi and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Kanak Y. Mandpe, Advocate for petitioner. Shri N. C. Phadnis, Advocate for respondent No.1. Ms Tajwar Khan, Assistant Government Pleader for respondent No.2. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : April 01, 2024 1.

The prayer is for inclusion of name of the petitioner in the electoral roll.

2.

The fact remains that the last date for submission of nomination form was 27/03/2024.

3.

In view of provisions of sub-section 3 of Section 23 of the Representation of People Act, 1950 and clause (a) of Rule (2) of Registration of Election Rules, 1960, there is statutory embargo to include the name or to carry out any change in the date of nomination. 4.

In view of aforesaid statutory provisions, the prayer of the petitioner cannot be granted. Accordingly the writ petition is dismissed with no order as to costs.

Writ Petition St. No.7007/2024 5.

Not on board. Taken on board.

6.

As a consequence of order passed in Writ Petition No.2138/2024, the prayer in this petition also cannot be granted. 7.

The writ petition is dismissed. No costs.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita