Sunil Haribhau Shinde And Others vs State Of Maharashtra And Others
2021 Latest Caselaw 16780 Bom

                                            1                                907 wp.5950.21.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         907 WRIT PETITION NO.5950 OF 2021
                                        WITH
                         CIVIL APPLICATION NO.11154 OF 2021
                                   IN WP/5950/2021

                      SUNIL HARIBHAU SHINDE AND OTHERS
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
Advocate for Petitioners/Applicants : Mr. Rahul P. Dhase.
AGP for Respondent/State: Mr. P. K. Lakhotiya.
Advocate for Respondent Nos.2 & 4: Mr. A. B. Kadethankar.
Advocate for Respondents : Mr. A. S. Bajaj.
                                     ...


                                     CORAM : S. V. GANGAPURWALA &
                                             R. N. LADDHA, JJ.

                                     DATE       :   03rd December, 2021.

PER COURT:

.                  We have heard Mr. Dhase, learned counsel for petitioners,

Mr. Kadethankar, learned counsel and Mr. Bajaj, learned counsel.

2 Mr. Dhase, learned counsel submits that the gross

illegality is committed in the preparation of the voters list. The

objection of the petitioners to the voters list has not been considered in

its correct perspective. The voters list is tainted. It includes the names

of the persons who are not residents or are not eligible to vote and

also excludes the names of the eligible voters.

                                                    2                               907 wp.5950.21.odt


      3                  It is submitted that the election program has been

declared on 24th November, 2021. The nomination papers are being

filled in from 1st December, 2021 and the last date for filling in the

nomination papers is 7th December, 2021.

4 Once the election program has been declared, it would not

be possible to entertain the writ petition concerning challenge to the

voters list.

5 Reliance can be had to the judgment of the Full Bench of

this Court at Principal Seat in the case of Karmaveer Tulshiram Autade

& Ors. Vs. The State Election Commission & Ors , reported in, 2021(2)

ALL MR 1 (F.B).

6 In light of the above, the writ petition is disposed of. The

petitioners are at liberty to assail the voters list or any other steps in

the elections after the elections are over in the proceedings that may

be permission under the provisions of the statute. In that event, all the

contentions are kept open. No costs.

      7                  Civil application also disposed of.




      [ R. N. LADDHA, J. ]                         [ S. V. GANGAPURWALA, J. ]
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