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Bombay High CourtWP/9932/2018disposed off

Satish Ramchandra Kashid v. Tahsildar , Sangola And Auth. Officer By State Election Commission And ORS

2018-09-14Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

903-wp-9932-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO.9932 OF 2018 Satish Ramchandra Kashid

...Petitioner

vs.

Tahsildar, Sangola and Others

...Respondents

Mr. Ruturaj Pawar I/b. Mr. C.G. Patil, for the Petitioner Mr. S.B. Shetye, for Respondent No. 5.

Mr. Pradeep Rajgopal a/w. Mr. Drishti Jain, for Respondent No.6 Mrs. Ashwini Purav, AGP for Respondent Nos. 1 to 3­State. CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

SEPTEMBER 14, 2018 P.C.:

.

Parties through their counsel.

2.

Feeling aggrieved by the exclusion of his name from the final voters list, the Petitioner has filed this Petition. 3.

According to the Petitioner, his name was there in the voters list of the year 2014 prepared for the Assembly Election. However, in the present voters list his name is missing. 4.

The learned counsel for Respondent No. 5 submits that the Petitioner's name was missing from the list prepared in 2015. 5.

Having considered the submissions made by the learned counsel for the parties and having regard to the provision Vishal Parekar 1/2

903-wp-9932-2018.doc contained in Rule 21 of the Registration of Electors Rules, 1960, we dispose of this Petition by directing the registration authority of Respondent No. 6 to consider the Petitioner's grievance and include the Petitioner's name in case it find that the Petitioner's name has wrongly been excluded from the present voters list. 6.

In the circumstances, we direct the Petitioner to submit an application under Section 23 of the Representation of Peoples Act, 1950 within two weeks from today.

7.

In case such application is submitted by the Petitioner, the competent authority of Respondent No. 6 shall consider the Petitioner's application for inclusion of his name in the voters list and take appropriate decision on it in accordance with law and as expeditiously as possible.

8.

With the aforesaid direction, the Petition is disposed of. (SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2