Abhijit S/O Bhaskarrao Deshmukh v. The State Election Commission Of Maharashtra Through Its Commissioner

BDP 919-wp-14968-25 (1)(1).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14968 OF 2025 Abhijit s/o Bhaskarrao Deshmukh .... Petitioner.

V/s The State of Maharashtra and Others .... Respondents.

Mr. Nitin Gaware Patil a/w Mr. Divyesh K. Jain a/w Mr. Akshay Kapadia i/b Ganesh Gadhe, Advocates for the petitioners. Mrs. G.R. Raghuwanshi, A.G.P for the respondent-State. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 7th NOVEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present petition seeks direction to include the petitioner's name in the voters list of Chhatrapati Sambhajinagar (west) constituency prepared for Zilla Parishad and Panchayat Samiti elections. In alternative, the petitioner seeks to challenge the notifications dated 21st August 2025 and 23rd September 2025 fixing the cut off date as 1st July 2025 for the voters list. 2.

Mr. Patil, the learned counsel for the petitioners submitted that the petitioner was a registered voter in the Chhatrapati Sambhajinagar (East) constituency. He filed an application for transfer of his name in the voters list of Chhatrapati Sambhajinagar (west) constituency. This was approved on 12th July 2025. In our view, the main relief sought for in the petition stands worked out 3.

As regards the alternative relief of the challenge to the above mentioned notifications, the same cannot be granted. The Hon'ble Supreme Court in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, (1985) 4 SCC 689 has held that the High Court while exercising its

BDP 919-wp-14968-25 (1)(1).docx jurisdiction under Article 226 cannot assume control over the election process or pass orders that has the effect of postponing an election. Section 13 of the The Maharashtra Zilla Parishads And Panchayat Samitis Act, 1961 empowers the respondent no. 1 to notify the date on which the electoral roll be considered for preparing list of voters. We do not find that the notifications are contrary to law. It is well settled that a writ Court will not interfere with the process of elections, once the same has already commenced. In such circumstances, Writ Petition No. 14968 of 2025 is dismissed.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2025.11.18 22:00:41 +0530