Praful S/O. Devidas Khaparde v. State Of Maha., Thr. Commissioner Of State Election Commission, Mumbai And ORS.

(1) wp6598.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6598/2025 Praful Devidas Khaparde .Vs. State of Maharashtra and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. B. Dafle, Advocate instructed by Mr. A. M. Chandekar, Advocate for petitioner.

Mr. A. Kukday, Advocate for respondent No.1.

Mr. K. R. Lule, A.G.P. for respondent Nos. 2, 3 and 5. Ms M. Saraikar, Advocate for respondent No.4. CORAM :

ANIL L. PANSARE AND RAJ D. WAKODE, JJ.

DATE :

NOVEMBER 14, 2025.

Heard.

2.

The petitioner is seeking direction against respondent Nos. 4 and 5 to decide his objection dated 09.10.2025. So far as respondent No.5 is concerned, he has informed respondent No.4 that the objection put forth by the petitioner will lie within the jurisdiction of respondent No.4 and, therefore, it is he who should decide the objection. Respondent No.4, however, has not taken a decision till today.

3.

Counsel for petitioner submits that last date of acceptance of the nomination is 17.11.2025.

4.

In our view, even if the name of petitioner is ultimately included in the voter's list, at this stage, considering the schedule of election, he may not be able to submit the nomination. Nonetheless, if his name is included in voter's list, he may vote in the election, for which the decision by respondent No.4 would be relevant. 5.

In view of above, respondent No.4 shall take decision by 06:00 p.m. today and convey it to the petitioner, who his at liberty to adopt appropriate course, if he is aggrieved by the decision. 6.

The writ petition is disposed of in the above terms.

(2) wp6598.2025 7.

At this stage, learned counsel for petitioner makes a request to permit the petitioner to submit nomination form provisionally.

8.

The request appears to us to be extremely strange, surprising and shocking. In the midst of the election programme, such a request is made knowing fully well that the petitioner's name appears in the voter's list of Chimur Constituency and that his objection for deletion of name in provisional voter's list has been not yet decided.

9.

In the circumstances, to permit him to submit nomination form will, in a way, is of presumptive character of his name having been included in final voter's list, without he undertaking other steps of election schedule.

10.

The request is accordingly rejected.

11.

All concerned to act on authenticated/uploaded copy of this order. Learned counsel for respondent No.4 shall communicate this order to respondent No.4 for its compliance, forthwith. (JUDGE) (JUDGE) Kahale