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Bombay High CourtWP/13004/2024disposed off

Amit Manik Kalbhor And ORS v. The District Election Officer @ District Dy. Registrar And ORS

2024-11-18Hon'Ble Shri Justice Sandeep V. Marne2 pages

66 Wp-13004-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13004 OF 2024 Amit Manik Kalbhor and Others.

...Petitioners.

Versus

The District Election Officer and Others.

...Respondents.

------ Mr. P. S. Dani, Senior Advocate along with Mr. Abhijit Kadam for the Petitioner. Mr. S. S. Patwardhan i/b Mr. Chetan Nagare for the Respondent-Society. Mr. Dilip Bodake for the Respondent No. 1 and 4. Ms. S. D.Chipade, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 18, 2024.

P. C. :

1.

Heard.

2.

The dispute in the present case appears to have been raised by the Petitioners on behalf of 306 persons whose names are not included in the provisional voters list. Admittedly, the Petitioners who are 3 in number have been included in the provisional voters list. 3.

Mr. Patwardhan, learned counsel appearing for the RespondentSociety submits that there was default on the part of Society in maintaining the records and the persons claiming to be members were called upon to produce evidence to demonstrate that they were members of the Society, which exercise was carried out and as far as these 306 persons are concerned, as no documents were produced Patil-SR 1 of

66 Wp-13004-2024.doc their names were not included in Register "I" and "J", as mandated. 4.

Upon a query by this Court as to whether the persons whose names have not been included and on whose behalf the present petition has been filed can submit documents to the Society so that necessary action can be taken based on the documents for the purpose of considering their membership, Mr. Patwardhan, on instructions, would agree.

5.

Let the persons claiming to be the members of Respondent No.2-Society and whose names are at page no.73 to 82 to the petition and who are original objectors before the State Election Officer, produce necessary documents before the Respondent No.2- Society to demonstrate their membership within a period of two weeks from today. The Respondent No.2- Society to consider the same within a period of one week thereafter.

6.

List on 9th December 2024.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 19/11/2024 18:37:40