Dilip S/O Rambhau Jadhav And Others v. State Of Maharashtra, Thr. Secretary Of Rural Devpt. Dept., Mumbai And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4627/2025 (Shri Dilip S/o Rambhau Jadhav and others Vs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Ghare, Advocate with Mr. P.V. Ghare, Advocate for the petitioners. Mr. Y.N. Sambre, Advocate for the applicants/intervenors in Civil Application (C.A.W.) No.1936/2025.

CORAM: ANIL S. KILOR & MRS.VRUSHALI V. JOSHI, JJ. DATED: 18.8.2025.

The matter pertains to the preparation of Gat/Gan by the respondent No.2.

2.

Mr. Ghare, learned Advocate for the petitioners, prima facie, succeeded in showing certain irregularities. One of such irregularities is relating to village Masla (Bk.) which was earlier included in adjoining Pangari Navghare Gat and now included in Gat Bramhanwada which appears to be geologically inconvenient. Similar instances of other villages have also been pointed out. 3.

In the above backdrop, he has drawn attention to the Guidelines which have to be followed for preparation of Gat/Gan. He has argued that Guideline Nos.3.5.2., 3.5.3, 3.5.4, 3.5.6, 3.7.2, 3.7.5, 8.1 and 8.2 have been not followed and there is a complete violation of these guidelines.

4.

He has further drawn attention of this Court to the impugned order which, prima facie, does not show the objections raised to the preparation of Gat/Gan, were decided in right perspective. 5.

In addition to this, he has stated in para 7 of the petition that despite repeated requests to supply the copy of decision taken on

objections, it was supplied on 12.8.2025 at late hours after regular office timing, showing the decision purportedly taken on 11.8.2025. There were holidays on 15.8.2025, 16.8.2025 and 17.8.2025. 6.

It is further pointed out that as per schedule, 18.8.2025 is the date on which this preparation of Gat/Gan is to be forwarded to the respondent No.4-State Election Commission. He, therefore, submits that once such report is accepted, it will create chaos and many of the voters will not be able to vote in the election for the reason that they will have to travel long distance and this would indirectly affect their right to vote as provided under the Statute.

7.

In that view of the matter, issue notice to the respondents, returnable on 21.8.2025.

8.

Mr. D.P. Thakare, learned Additional Government Pleader waives notice for respondent Nos.1 to 3.

9.

The petitioners are permitted to serve the other respondents by private mode of service including e-mail and whats-app in addition to regular mode of service.

10.

In the meantime, if any process is followed in respect of finalization of preparation of Gat/Gan, the same shall be subject to the result of this petition.

11.

It is made clear that considering the seriousness of the matter, it is expected that the respondents shall file their reply within two days and the copy of the same shall be supplied to the petitioners. 12.

If reply is not filed by the respondents, this Court may consider the prayer for grant of interim relief.

13.

Let the matter be placed high on board on 21.8.2025. 14.

Steno copy granted.

CIVIL APPLICATION (CAW) NO.1936/2025.

15.

Since the intervention applicants are the voters, who are supporting the petitioners and claiming that if such preparation of Gat/Gan is accepted, they would be sufferers. In that view of the matter, intervention application bearing Civil Application (CAW) No.1936/2025 is allowed.

16.

The petitioners are directed to carry out the amendment by tomorrow i.e. 19.8.2025.

(MRS.VRUSHALI V.JOSHI, J.) (ANIL S. KILOR, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 18/08/2025 17:46:31