Bombay High Court
Laxman Shivji Patel And 9 Ors vs The State Of Maharashtra And 2 Ors on 23 May, 2022
Author: Abhay Ahuja
Bench: Prakash D. Naik, Abhay Ahuja
Y.S.Patil
1
6-WP(L)-16177-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 16177 OF 2022
Laxman Shivaji Patel and Ors. ... Petitioners
Versus
The State of Maharashtra and Ors. ... Respondents
******
Mr. Ulhas G. Kerkar a/w Mr. Victor K. Fernandes for the
Petitioners
Mr. Uday P Warunjikar a/w Ravi Jadhav i/b Mr. Sumit
Kate for Respondent No. 3.
Ms. Priyanka Bhadrashete for the Applicant in IA (L) No.
16288/22.
Mr. L.T. Satlekar AGP for the State.
Mr. Chandrakant B. Shirke R.O. present in the Court.
******
CORAM: PRAKASH D. NAIK &
ABHAY AHUJA, JJ.
DATE : 23rd MAY 2022
(Vacation Court)
P.C. :-
1. The Petitioners are members of Co-operative
Housing Society situated at Andheri(West) Mumbai, which is holding elections of Managing Committee and voting is on 24th May 2022. The Petitioners contend that the Returning Officer (Respondent No. 3) has issued Corrigendum keeping voting at two polling stations i.e. at 1/4 ::: Uploaded on - 23/05/2022 ::: Downloaded on - 24/05/2022 06:49:41 ::: Y.S.Patil 2 6-WP(L)-16177-2022.doc Society Office at Andheri and another at Y.B. Chavan Pratisthan and there is confusion whether there is more than one voters' list. The second polling station is 30 kms away. It will be inconvenient to voters. The Respondent No. 3 has also changed the time of voting from 11.00 a.m. to 2.00 p.m. to 10.00 a.m. to 3.00 p.m. There is confusion on account of two list of voters as to where they are required to vote. Some of them are senior citizens. The Petitioners are the candidates who are contesting the election. The second polling station and change in time of voting is made to benefit certain members. There is violation of Rule 15 of MCS (Election of Committee) Rules, 2014 and Rule 76G of the Election Rules.
2. Learned Advocate, Dr. Varunjikar, representing Respondent No. 3 submitted that there is no violation of Rules of Election. Several meetings of Society were held at Y.B.Chavan Pratisthan. The list of voters for casting votes at two places was prepared taking into 2/4 ::: Uploaded on - 23/05/2022 ::: Downloaded on - 24/05/2022 06:49:41 ::: Y.S.Patil 3 6-WP(L)-16177-2022.doc consideration the convenience of voters. The voters mentioned in the respective lists can vote at respective polling stations. The Petition is not maintainable. He relied on the decision of the Hon'ble Supreme Court in the case of Election Commission of India Vs. Ashok Kumar and Others [(2000) 8 Supreme Court Cases 216]. On instructions he makes a statement that the time for voting at both the polling stations can be restored to its original timing, thereby permitting the voters to vote between 11.00 a.m. to 2.00 p.m. Statement is accepted.
3. Learned Counsel for Petitioners files Additional Affidavit. It is taken on record.
4. The Interim Application tendered by learned Advocate for the Co-operative Society is taken on record. It is submitted that Society is not made party. Learned Advocate relied on averments in paragraph no. 7 of Interim Application and submitted that the Co-operative Society is supporting the decision of Respondent No. 3. 3/4 ::: Uploaded on - 23/05/2022 ::: Downloaded on - 24/05/2022 06:49:41 ::: Y.S.Patil 4 6-WP(L)-16177-2022.doc
5. The time of voting is being restored to 11.00 a.m. to 2.00 p.m. It is also clarified that the voters are required to cast their votes at respective polling stations as per the list.
6. Election is due tomorrow. With the aforesaid statements and clarifications, we are not inclined to grant any other relief in this Petition or in the Interim Application.
7. The Writ Petition and Interim Application stands disposed of.
(ABHAY AHUJA, J.) (PRAKASH D. NAIK J.) 4/4 ::: Uploaded on - 23/05/2022 ::: Downloaded on - 24/05/2022 06:49:41 :::