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Showing contexts for: section 91 mcs act in Dilip Pawar Majoor Sahakari Sanstha ... vs Ld. District Co-Op. Election Officer ... on 6 September, 2024Matching Fragments
11. Mr. Deelip Bankar, learned Senior Advocate appearing for the Respondent No.1 has drawn the attention of this Court to Rule 11 of the Rules of 2014 and submits that the Assistant Registrar was appointed to produce the records and based on records, the Respondent No.1 has passed the impugned order. He would point out that the findings of Respondent No.1 have been arrived at on the basis of cashbook, the receipts on record and the inquiry report of Assistant Registrar. He submits that the Petitioner's case is based on the solitary communication of 4th October 2023 and during the hearing of the objection application, reply filed by the in-charge Secretary states that on 4th October 2023 the said communication was obtained by threatening the in-charge Secretary. He would further submit that it is well settled that the preparation of electoral roll is part of election process and if there is any breach or any illegality in preparing the Patil-SR(ch)/ sam 12 of 22 wp-14171-23f.doc electoral roll the same can be called into question after the declaration of result of election by means of an election petition. He points out Rule 78 of the Rules of 2014 and submits that a conjoint reading of section 91, section 94(1)(a) of the MCS Act read with section 78 provides for filing of election petition.
27. The disputed questions of fact will necessarily have to be resolved by fact finding inquiry upon recording evidence. Similarly, in exercise of jurisdiction under Article 227 of the Constitution of India, this Court cannot enter into the disputed questions of fact and render a finding of fact whether the amounts were paid subsequent to the cut off date based on pleadings. In view of the settled position in law that the preparation of voters list is an intermediate step in the election process, even if there is any illegality or irregularity committed in preparation of provisional voters list, the same can be questioned only by an election petition to be filed under Section 91 of the MCS Act read with Rule 78 of the Rules of 2014.