Laxman Machindra Ware And Another vs The State Of Maharashtra And ...
2021 Latest Caselaw 17979 Bom

                                     1                            wp st 34416.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               WRIT PETITION STAMP NO. 34416 OF 2021

          Laxman Machindra Ware and another              ..   Petitioners

                   Versus

          The State of Maharashtra and others            ..   Respondents

 Shri Kishor D. Khade, Advocate for Petitioners.
 Shri A. R. Kale, A.G.P. for Respondents/State.
 Shri A. B. Kadethankar, Advocate for the Respondent No. 2.

                           CORAM :    S. V. GANGAPURWALA AND
                                      S. G. DIGE, JJ.

DATE : 23RD DECEMBER, 2021.

FINAL ORDER :

. Mr. Khade, the learned counsel for petitioners submit that, the voters list is erroneous. The petitioners have raised an objection to the final voters list. The same is turned down. The learned counsel submits that, though the election programme has been published, the actual election is to take place on 18.01.2022. According to the learned counsel correction in the voters list at this stage would be a step in holding fair and free elections. The learned counsel relies on the judgment of the Division Bench of this Court in Writ Petition No. 1724 of 2019 dated 07th February, 2019.

2. We have heard Mr. Kadethankar, the learned advocate for the respondent No. 2 and Mr. Kale, the learned Assistant

2 wp st 34416.21

Government Pleader for respondents/State.

3. The election programme is already declared. The process of filling in the nomination forms is to take place from 29 th December, 2021 to 01st January, 2022. As the election programme is already published, it would not be appropriate for this Court to exercise writ jurisdiction under Article 226 of the Constitution. The Full Bench of this Court in a case of Karmaveer Autade and others Vs. Maharashtra State Election Commission and others reported in 2021 (2) All M. R. 01 has held that the election programme cannot be interfered with.

4. The petitioners may after the elections are over agitate in respect of their challenge by filing appropriate proceedings. In that event all contentions of the petitioners are kept open.

5. In the light of the above, the writ petition is disposed of. No costs.

       [S. G. DIGE, J.]              [S. V. GANGAPURWALA, J.]




 bsb/Dec.21