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Bombay High CourtWP/13778/2024allowed

Balaram Dattatray Patil v. Election Commission Of India And ORS

2024-10-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

ssm 12-wp13778.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 13778 OF 2024 Balaram Dattatray Patil .....Petitioner.

Vs.

Election Commission Of India & Ors.

.....Respondents.

Mr. C. G. Gavnekar a/w Adv. Ashutosh Gavnekar and Adv. Rohit Parab for the Petitioner.

Adv. B.V. Samant, Addl. G.P. a/w Adv. Dhruti Kapadia, AGP for the Respondent Nos.3 to 8 and 10.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 7th OCTOBER, 2024.

P.C.:- 1) By the present Petition under Article 226 of the Constitution of India, the Petitioner is seeking direction to the Respondents, in particular to Respondent Nos.5 and 6, to act upon the representations dated 10th September, 2024 made by him to them.

2) It is the grievance of the Petitioner that, in the Maharashtra Legislative Assembly Constituencies bearing Nos.188 of Panvel and 190 of Uran, there are repetative entries and/or names of the voters, shown in the voters lists. He therefore filed representations dated 10th September, 2024 with the Respondent Nos.5 and 6, however till date the same have not been decided.

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ssm 12-wp13778.2024.doc 3) Mr. Gavnekar learned counsel for the Petitioner on instructions submitted that, it is necessary for the Respondent Nos.5 and 6 to consider his representations on top priority in view of the ensuing Assembly Election, as there is possibility of voting by impersonation and to prevent it, necessary steps are to be adopted by the concerned Authorities. 4) We therefore direct the Respondent Nos.5 and 6 to decide the representations made by the Petitioner within a period of two weeks from the date of receipt of present Order, without seeking any extension in that behalf.

4.1) Respondent Nos.5 and 6 are at liberty to grant an audience to the Petitioner for ascertaining his grievance made in the said representations.

5) Petition is allowed in the aforesaid terms.

6) All the concerned to act on the basis of an authenticated copy of this Order.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.10.11 11:26:27 +0530 SANJIV SHARNAPPA MASHALKAR 2/2