The State Election Commission ... vs Mr. Hanuman Ananta Kad And Ors
2023 Latest Caselaw 7961 Bom

2023:BHC-AS:22401-DB



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                          REVIEW PETITION NO.21 OF 2023
                                                    ALONG WITH
                                      INTERIM APPLICATION NO.2574 OF 2023
                                                         IN
                                            WRIT PETITION NO.25 OF 2021


            The State Election Commission                                 .. Petitioner-Applicant
                                Vs.
            Hanuman Ananta Kad and Ors.                                            .. Respondents

 Mr. Sachindra B. Shetye a/w. Ms. Sarika S. Shetye & Mr. Akshay Pansare, for the Petitioner in RPW/21/2023 & Applicant in IA/2574/2023.  Mr. S.L. Babar, AGP for Respondent-State.

 Mr. Ranjit Shinde, for Respondent No.6.

                                                     CORAM : SUNIL B. SHUKRE &
                                                                    MADHAV J. JAMDAR, JJ


                                                     DATE      : 7TH AUGUST, 2023.
                                                                    [ IN COURT - AT 4:35 P.M.]

            P.C. :
            INTERIM APPLICATION NO.2574 OF 2023

            1.           Heard.

            2.           Delay is condoned.         Review Petition be registered and placed

forthwith for hearing before this Court.

Aarti Palkar 1/2 3-RPW-21-2023 & IA-2574-2023.doc

REVIEW PETITION NO.21 OF 2023

1. Heard.

2. We find that the judgment dated 7 th December, 2020 sought to be

reviewed has been passed on the basis of the statements made in the reply

filed by Respondent Nos.3 and 4 giving the present population of Gram

Panchayat, Kharabwadei Village Pnachayat, Taluka Khed, District Pune.

We agree with the contention of learned Senior Counsel for the State

Election Commission that relevant figures of population ought to have

been of last population census and not the figures of the present

population count. This is an error apparent on the face of the record and

it could not be pointed out to this Court, it appears, as hearing has not

been granted to the State Election Commission, which is evident from the

fact that no notice was issued to the State Election Commission. This is,

therefore, a fit case for recalling the Judgment dated 7 th December, 2020.

3. The Judgment dated 7th December, 2020 is hereby recalled.

4. The Petition is directed to be restored to the original file and it be

placed before the appropriate Bench.

[ MADHAV J. JAMDAR, J. ] [ SUNIL B. SHUKRE, J. ]

Aarti Palkar 2/2 3-RPW-21-2023 & IA-2574-2023.doc