Sevakram S/O Gangaram Chindhalore v. Government Of Maharashtra, State Election Commission, Mumbai Thr. Its Secretary And Others

DB.30.11.WP.4870.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4870/2021 (Sevakram s/o Gangaram Chindhalore vs. Government of Maharashtra and others ) ....................................

...................................................... ......................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................ Mr.S.K.Tambde, Advocate for the petitioner Mr.S.M. Ukey, Addl. GP for respondent no.1 C ORAM : SUNIL B. SHUKRE & ANIL L. PANSARE, JJ.

D ATED : 30th November, 2021.

1.

Heard learned counsel for the petitioner.

2.

Grievance of the petitioner is that even though he had never applied for deletion of his name from the voters' list finalized for the legislative assembly election which has to be considered the voters list for Nagar Panchayat election and yet, his name has been deleted from that voters list, on the ground that the petitioner himself had made an application for deletion of his name, stating that he had left village Mohadi. Learned counsel for the petitioner submits that the fact is that the petitioner has neither left village Mohadi nor has shifted to any other village nor did the petitioner make any application to Electoral Registration Officer for deletion of his name from the voters list on the ground that he was no longer the resident of village Mohadi. According to learned counsel for the petitioner, the request made by the petitioner for inclusion of his name in the voters list of the legislative assembly was wrongly

DB.30.11.WP.4870.21 rejected by the Assistant Electoral Registration Officer and Tahsildar Mohadi, giving the reason for non-existent application regarding deletion of his name. He also submits that necessary enquiry is required to be made in this regard.

3.

Shri Ukey, learned Addl.GP, on instructions, submits that the Deputy Collector, Bhandara has already initiated an enquiry into the allegation of the petitioner that he never made an application for deletion of his name from the voters list. 4.

In the circumstances, we grant liberty to the petitioner to approach the Deputy Collector, Bhandara with the aforesaid grievance and also grant liberty to him to make a suitable representation to respondent no.2 or respondent no.3 or Deputy Collector Bhandara, on the above lines and if such a representation is made, the same shall be decided in accordance with law, within a period of one week from the date of receipt of the representation. 5.

Writ Petition is disposed of on the above lines. JUDGE JUDGE sahare BHAGWANTRAO SAHARE Location: