Bombay High Court
Sharad Dattatray Chavan And Anr vs Talathi Patas Village And Ors on 13 January, 2021
Author: Vinay Joshi
Bench: S.J. Kathawalla, Vinay Joshi
N. D.
Jagtap Nitin 1 / 2 15-WPST-567-2021.doc
Digitally signed
by N. D. Jagtap
Date: 2021.01.14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:28:31 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 567 OF 2021
Sharad Dattatray Chavan & Ors. ... Petitioners
Versus
Talathi, Patas and Ors. ... Respondents
Mr.Chaitanya Nikte a/w. Mr. Pranav H. Bhoite for the Petitioners.
Ms.M.P.Thakur, AGP for the State.
Mr.S.B.Shetye a/w. Mr. Irfan Shaikh, Ms.Sarika Shetye for the State Election
Commission.
Mr.Nilesh Wable i/b. Mr. Sumit Khaire for Respondent No. 6.
CORAM : S.J. KATHAWALLA, &
VINAY JOSHI, JJ.
DATE : 13TH JANUARY, 2021.
P.C. :
1. By the above Writ Petition, the Petitioners seek the following reliefs :
"(a) That this Court be pleased to examine the contents of the present Petition and upon examining the same be pleased to quash and set aside the names of 77 members wrongfully included in the fnal voters list of Ward No. 2 of Village Patas, Taluka - Daund particulars of which are more particularly annexed at Exhibit-I.
(b) That this Court be pleased to issue appropriate Writ thereby directing the Respondents to decide the representation dated 18 th December, 2020 (annexed at Exhibit-J) fled by the Petitioners.
Nitin 2 / 2 15-WPST-567-2021.doc
(c) That this Court be pleased to direct the Respondents to conduct a inquiry and to verify whether the said 77 voters (a list of which is annexed at Exhibit-I) are legally included in the fnal voters list and accordingly fle the report before this Court in a time bound manner."
2. The elections for the Grampanchayat of village Patas, Taluka - Daund is scheduled to be held on 15th January, 2021 i.e. within two days from today. The fnal electoral roll was published on 14 th December, 2020. However, the Petitioners fled the above Writ Petition only on 7 th January, 2021 impugning inclusion of the 77 voters in the fnal voters list. We are informed by the learned Advocate for the State Election Commission that all steps to conduct the election have been taken by the Election Commission. The ballot papers are printed and fxed on the Electronic Voting Machines ('EVMs') which are already set up and are kept at a secured venue and will be opened on the day of the election in the presence of all the candidates. We are therefore not inclined to entertain the above Writ Petition at this belated stage. Nonetheless, it is clarifed that the Petitioners can always pursue the remedy provided under Section 15 of the Maharashtra Village Panchayats Act, 1959. If the said remedy is pursued, the same shall be decided on its own merits and it will be open for the parties to raise all their contentions. The above Writ Petition is accordingly dismissed.
(VINAY JOSHI, J. ) ( S.J. KATHAWALLA, J. )