The High Court dismissed a writ petition seeking preparation of a fresh voters list due to legal deficiencies, noting that elections had already been held and the matter could be addressed in an election petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 654 OF 2004
Nabhik Sahkari Pat Sanstha
Mumbai Ltd., and others. .. Petitioners.
Vs.
State of Maharashtra & Ors. ..Respondents.
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Mr. J.G Reddy for the Petitioners.
Mr. V.P. Malwankar, AGP for Respondent No.1 to 3 & 5.
Mr. Prashant Naik for Respondent No.4.
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CORAM : F.I. REBELLO AND
Dr.D.Y.CHANDRACHUD,JJ.
DATED : 06TH FEBRUARY, 2006.
P.C.:
1. The petitioners approached this court on the
ground that voters list was not prepared according to
law and a fresh voters list be prepared. No interim
relief was granted by this court. Against the rejection
of interim relief, a Special Leave Petition was filed
before the Apex Court, which is also dismissed.
2. On behalf of the respondent No.4 Bank, the
learned counsel pointed out that the elections have been
held. Once that is the case, it will not be appropriate
for us to grant any relief in this petition as now the
Apex Court has held that the inclusion or non-inclusion
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of the names in the voters list can also be the subject
matter of the election petition. Considering the above,
this petition is dismissed. Rule discharged with no
order as to cost.
06.02.2006 (F.I.Rebello,J)
(Dr.D.Y.Chandrachud,J)
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Nabhik Sahkari Pat Sanstha Mumbai Ltd. and others
State of Maharashtra and others
F. I. Rebello
Dr. D. Y. Chandrachud
As recorded by the court registry
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