Balaji Dhondiram Gitte And ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 7647 Bom

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

                  951 WRIT PETITION NO.8206 OF 2022

          BALAJI DHONDIRAM GITTE AND ANOTHER
                        VERSUS
 THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
                        OTHERS

Shri. S. V. Mundhe, Advocate for the petitioners
Shri. S. N. Morampalle, AGP for the respondent/State
Shri. S. K. Kadam, Advocate for respondent Nos. 2 to 4.

                                    CORAM : M. G. SEWLIKAR, J.

DATED : 4th AUGUST, 2022

PER COURT :-

1. Heard.

2. Learned counsel Shri. Mundhe for the petitioners

submits that he had raised various objections on 4 th July, 2022

however, those objections were not answered. He further

submits that he had produced rules and audit reports of 2017-

18, 2018-19, 2019-20. The membership was shown to have

been increased in the year 2018-19, but the audit report of that

period does not show the corresponding increase. He submits

that the provision No.4 seems to have been subsequently added.

He further submits that election programme has not started as

per the proviso to Rule 6 that where the elections could not be

held before the expiry of the term of the committee due to

unforeseen situations or for any other reasons, provisional list of

the voter shall be prepared on the basis of the date fixed by the

SCEA. He further submitted that this proviso indicates that

election process has still not started. He had filed application for

deletion of names of 196 members. The said objection was not

properly considered and has been rejected without application of

mind.

3. It is settled law that preparation of voters lists is an

intermediate stage and is a part of the election process.

Therefore, once election process starts, it cannot be stalled.

Proviso on which reliance has been placed cannot be pressed

into service in this petition as the term of the Committee has

expired.

4. Learned counsel Shri. Mundhe for the petitioners

placed reliance on the case of Smt. Usha Bhaginath Bhagat

Vs. State of Maharashtra reported in 2021(2) AIZR Bom. R

718 in which the names of deleted 53 members were ordered to

be taken on record as voters. This judgment does not help the

petitioners in any manner whatsoever. In this petition elections

were postponed on account of outbreak of Covid-19 pandemic.

Therefore, election process had already been stalled.

5. In this view of the matter. I do not find any substance

in the petition. Petition is, therefore, dismissed. No order as to

costs.

[M. G. SEWLIKAR, J.]

ssp