Bombay High Court
Ankushbhau S/O Juglal Baghale And ... vs State Of Maha., Thr. Secretary, ... on 17 June, 2022
Bench: Manish Pitale
1/4 928-WP 3300.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3300 OF 2022
Ankushbhau s/o Juglal Baghele and others
vs.
State of Maharashtra and others
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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. R. L. Khapre, Senior Advocate a/b Mr. D. R. Khapre,
Advocate for petitioners.
Ms. T. H. Khan, AGP for respondent Nos.1 and 2.
CORAM : MANISH PITALE J.
DATE : 17/06/2022
At the outset, the learned Senior Counsel
seeks leave to amend the petition to incorporate the
document pertaining to election program declared in
respect of election to the concerned Society. Leave is
granted. Amendment to be carried out forthwith.
2. Heard Mr. Khapre, learned Senior Counsel
appearing for the petitioners. While challenging the
impugned decision and finalized voters' list, he
contends that the manner in which the impugned
action has been taken flies in the face of specific
directions given by this Court in an earlier judgment
and order dated 13/04/2022, passed in Writ Petition
KOLHE
2/4 928-WP 3300.2022
No.1686 of 2022, which was also a petition
concerning the controversy regarding proper
finalization of voters' list of the very same Society.
3. The principal contention raised on behalf
of the petitioners is that despite specific directions of
this Court in the context of certain issues considered
and discussed in the said judgment and order of this
Court, the respondent No.2 proceeded to pass the
impugned order/decision and finalized voters' list
without considering the crux of the objections raised
by the petitioners in respect of which this Court had
found prima facie substance. On this basis it is
contended that the entire process of election would
be vitiated, as majority of the voters' list stands
approved in an illegal and unsustainable manner.
4. It is further submitted that election
program is also hurriedly issued, which shows that
the nomination papers are to be submitted from
17/06/2022 i.e. today to 23/06/2022 and further
stages have been specified. Therefore, there is
urgency in the matter.
5. This Court has considered the contentions
raised on behalf of the petitioners in the backdrop of
the aforesaid judgment and order dated 13/04/2022
KOLHE
3/4 928-WP 3300.2022
passed in Writ Petition No.1686 of 2022. There is
prima facie substance in the contentions raised on
behalf of the petitioners. Considering the fact that if
the election program as declared on the basis of the
impugned finalized voters' list is allowed to operate,
the purity of the election process may be adversely
affected and prima facie this Court is convinced that
an appropriate interim direction is necessary, in such
a situation, where appropriate directions may be
required to be issued for facilitating a free, fair and
proper election of the Society. A case for grant of
interim relief is made out.
6. Hence, issue notice returnable on
4thJuly,2022. Ms.Khan waives notice on behalf of
respondent Nos.1 and 2.
7. In the peculiar facts and circumstances of
the present case, insofar as respondent No.3 to 86 are
concerned, the petitioners are permitted to serve
them by way of paper publication in a daily news
paper having wide circulation in District-Gondia.
This Court is finds that in the earlier writ petition also
an identical procedure was followed.
KOLHE
4/4 928-WP 3300.2022
8. In the meanwhile, the election program
dated 17/06/2022 issued by respondent No.2 is
stayed till the next date of listing.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:17.06.2022
18:50
KOLHE
