Bombay High CourtWP/3541/2021dismissed

Shrikant Bhimraoji Gawande v. District Cooperative Election Officer, Divisional Jt. Registrar, Co-Op. Society, Amravati And ORS

2021-09-24Hon'Ble Shri Justice Avinash G. Gharote2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3541/2021 Shrikant Bhimraoji Gawande ...Versus...

District Co.Op. Election Officer and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.A.Gawande, Advocate for the petitioner. Shri K.L.Dharmadihari, AGP for Respondent No. 1 Shri Alok Daga, Advocate for Respondent No. 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 24/09/2021 Heard Mr. Gawande, learned counsel for the petitioner, Mr. Daga, learned counsel for the respondent No.3. Mr. Dharmadhikari, learned AGP appears for respondent No.1.

2] The challenge is to the order dated 9.8.2021 passed by the Election Officer, whereby the inclusion of the name of Respondent No.3 in the final voters' list has been permitted.

3] Learned counsel for the petitioner submits that Respondent No.3 is an office-bearer of a defaulting society and therefore, her name could not have been included in the

wp3541.21.odt final voters' list.

4] The impugned order does not indicate this. The certificate filed on record dated 8.7.2021 also does not indicate so. The final voters' list was published on 30.8.2021. The stage now is set for allotment of symbols, as the stage of withdrawal of nomination is already over, in view of which I do not think it necessary to interfere in my jurisdiction under Article 227 of the Constitution of India. Writ petition is dismissed.

5] Needless to say that any grievance which the petitioner may have regarding the inclusion of the name of Respondent No.3 in the final voters' list, can be raised in appropriate proceedings, after the election is over. JUDGE rvjalit