Bombay High Court
Sau. Aruna Rajeshwar Bahekar vs The State Of Maharashtra, Thr. Its ... on 9 December, 2021
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL WRIT PETITION NO. 4963 OF 2021
Sau.Aruna Rajeshwar Bahekar
-Vs-
The State of Maharashtra and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.J.K.Motale, counsel for the petitioner.
Mr. K.L.Dharmadhikari, Addl.G.P for respondent Nos.1,3 and 4.
Mr.J.B.Kasat, counsel for respondent No.2.
CORAM : SUNIL B.SHUKRE &
ANIL L. PANSARE, JJ.
DATE : 09.12.2021.
1. Heard.
2. The election programme having been already
declared, no interference with the same, is permissible
and appropriate remedy would now be by filing the
election petition. This is the law, which has been settled
by several decisions of the Hon'ble Apex Court, such as:
(1) N.P. Ponnuswami V/s. The Returning Officer,
Namakhal Constituency, Namakkal, Salem Dist. & Ors.,
AIR 1952 SC 64, (2) Mohinder Singh Gill & Anr. V/s. The
Chief Election Commissioner, New Delhi & Ors., reported
in (1978) 1 SCC 405 and (3) Election Commission of
India through Secretary V/s. Ashok Kumar & Ors,
reported in (2000) 8 SCC 216, which cases have also
been elaborately explained in the recent judgment of the
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Full Bench of this Court in the case of Karmaveer
Tulshiram Autade and others V/s. The State Election
Commission, Mumbai and others decided on 13 th
January, 2021 in Writ Petition (Stamp) No.26/2021
together with other connected matters. The writ petition
therefore deserves its dismissal.
3. Of course, it is the contention of the learned
counsel for the petitioner that, all that the petitioner is
seeking here is a direction for insertion of her name in
the voters list but, such a direction can also not be issued
at this stage as ultimately it would be an interference in
the election process as explained in the judgment of the
Full Bench of this Court in the case of Karmaveer
Tulshiram Autade and others V/s. The State Election
Commission, Mumbai and others (supra). Besides, on
merits of the case as well such a prayer cannot be
granted for the reason that the cut-off date for inclusion
of the names of the persons in the voters list was
01.11.2021 and the criteria was, existence of the name in
the voters list prepared for a Legislative Assembly
elections as of 01.11.2021 and, as submitted by Shri.
Kasat, learned counsel for respondent No.2-The State
Election Commission, the name of the petitioner was not
there in the Legislative Assembly voters list as of
01.11.2021. In support, he has tendered to this Court a
communication which he has received yesterday i.e. on
08.12.2021 from the Assistant Election Registration
Officer/Tahsildar, Deori. This communication is taken on
record and marked as document 'A' for identification.
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4. This communication also shows that the name
of the petitioner would be included in the voters list for
Legislative Assembly elections by next date of
01.01.2022.
5. In view of above, the Writ Petition is summarily
dismissed with no costs.
(ANIL L.PANSARE, J) (SUNIL B. SHUKRE,J)
Signed By:KAVITA PRAVIN
TAYADE
P. A.
Signing Date:10.12.2021 15:07
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