Ashish S/O Rajkumar Udasi v. State Election Commission, Maharashtra, Through Secretary, Mumbai And Others

1 wp6538.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6538 OF 2016 [Ashish s/o Rajkumar Udasi .vs. State Election Commission and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri F.T. Mirza, counsel for the petitioner.

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CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : NOVEMBER 18, 2016.

By this writ petition, the petitioner seeks a direction to the respondents to include the name of the petitioner in the final voters list in the election to Municipal Council, Hinganghat that is scheduled on 27.11.2016.

The direction sought by the petitioner cannot be issued in exercise of the writ jurisdiction, when the election process has commenced. It is held by the Hon'ble Supreme Court, time and again that the Court must not show indulgence and interfere in the election process, after the election process has commenced. The elections are scheduled on 27.11.2016 and no direction can be issued against the respondents to include the name of the petitioner in the final voters list at this stage. Hence, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE Gulande, PA