Shri. Sambhaji Shivdas Parade And ORS v. Election Commission Of Maharashtra Through Its Commissioner And ORS

rpa 1/2 wp-9565-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9565 OF 2015 Sambhaji Shivad Parade & Ors.

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Petitioners V/s.

Election Commission of Maharashtra & Ors.

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Respondents ......

Mr. Prashant Bhavake, Advocate for the Petitioners. Mr. S. B. Shetye, Advocate for Respondent No.1. Mr. P. P. Kakade, AGP for the Respondent - State. Mr. A. M. Misal, Advocate for Respondent Nos. 5 to 12. ......

CORAM : NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

OCTOBER 8, 2015.

P.C.

The learned counsel appearing for the State Election Commission on instructions of the Assistant Commissioner states that the State Election Commission would look into the entire exercise of preparation of voters' list, correction of the list, the survey report submitted by the Circle Inspector and the manner in which the impugned orders are passed. The learned counsel submits that a fresh exercise would be done to update the voters' list taking into consideration the objections submitted so far and application received in respect of correction of the voters' list.

rpa 2/2 wp-9565-15.doc In view of the statement made as above, the State Election Commission shall take steps. The ward formation done by the Collector shall not be disturbed. The State Election Commission shall initiate appropriate enquiry against the erred officers in accordance with law. In the light of the record submitted and submissions advanced, the impugned order passed by the Tahsildar shall not be operative. Fresh exercise shall not be conducted by the present Tahsildar. Writ petition is disposed of with these directions.

(S. B. SHUKRE, J.) (NARESH H. PATIL, J.)