High Court rejected two writ petitions challenging inclusion of names in the voters' list. The Court held no interference was possible as petitioners failed to submit written objections to the draft list within the statutory time limit.
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 JURISDICTION
WRIT PETITION NO.11206 of 2012
Sau. Shobha Ashok Mohite and others .. Petitioners. V/s. The State Election Commission, and others .. Respondents
WITH
WRIT PETITION No.11708 of 2012.
Sou.Shakuntala Kumar Bhoi and others ..Petitioners. V/s The Election Commission and others ..Respondents.
Mr Amit Sale, Advocate for the petitioners. Mr V.P. Malwankar, AGP.
CORAM : A.S. OKA & A.R.JOSHI , JJ.
DATE : 29th April, 2013.
P.C.
The contention of the petitioners in these petitions is that names of voters have been erroneously included in the voters' list of the concerned village. Perusal of the averments made in the petition show that the petitioners had not submitted their objections in writing to the draft voters' list within the time stipulated by law. In the absence of the said adverments, when result of the election is admittedly declared, no interference can be made in the writ jurisdiction. Both the petitions are rejected.
( A.R.JOSHI,J) ( A.S. OKA, J )
1 of 1
2 issues framed by the court
Whether the High Court can intervene in the declaration of election results when objections were not submitted in writing within the stipulated time.
Whether the names of voters erroneously included in the voters' list can be challenged via writ after failure to object to the draft list.
Sau. Shobha Ashok Mohite and others
The State Election Commission and others
Sou. Shakuntala Kumar Bhoi and others
The Election Commission and others
A.S. OKA
A.R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
