Bombay High Court
Ankushbhau S/O Juglal Baghale And ... vs State Of Maha., Thr. Secretary, ... on 17 June, 2022
Author: Manish Pitale
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