Allowed

Poonam Sandeep Ghongade v. the State of Maharashtra and Others

Bombay HC23 Mar 2017WP/4359/2017

Case brief

AI extract

What is this about?

The High Court directed Respondent No. 6 to include the petitioner's name in the Newasa Nagar Panchayat voters list. The court quashed the rejection order, holding that statutory provisions mandate inclusion based on the petitioner's presence in the Maharashtra Legislative Assembly electoral roll for the relevant urban block.

What did the court decide?

The order rejecting the petitioner's request for inclusion in the voters list is quashed and set aside; Respondent No. 6 is directed to include the petitioner's name forthwith.

Poonam Sandeep Ghongade Vs the State of Maharashtra and Others — Election Law | Bombay HC (2017)

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wp4359.17

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THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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WRIT PETITION NO. 4359 OF 2017

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POONAM SANDEEP GHONGADE VERSUS THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr. V D Sapkal
AGP for Respondents 1, 3 to 5 : Mrs. M.A.Deshpande
Adv. For respondent no.2 : Mr. S.T.Shelke
Adv. For respondent no.6 : Mrs. Renuka Palve-Ghule

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.....

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CORAM: R.M.BORDE AND K.L.WADANE, JJ.

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DATED: 3rd APRIL, 2017

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O R D E R :

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Rule. Rule is made returnable forthwith.

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With the consent of the learned counsel for the
parties, petition is taken up for final hearing at
the admission stage.

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2.The petitioner is praying for issuance of
directions to respondent no. 6 to correct the
voters list and include the name of the petitioner
in the voters list for the elections of Newasa
Nagar Panchayat in view of the directions issued
by the Electoral Registering Officer on 21.1.2017.

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3.The petitioner tendered an application

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seeking inclusion of her name in the voters list
for Newasa Legislative Assembly Constituency prior
to 1.1.2017. Though the application of the

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petitioner was considered and her name was
included in the voters list, however, inclusion of
her name was in rural area i.e. Block No. 33
village Khopti instead of Block No. 41 Newasa
Khurd. The petitioner is resident of Madhameshwar
Block No. 41 and had recorded the details
accordingly while tendering application for
inclusion of her name in the voters list, however,
her name was erroneously included in Block No. 33
instead of Block No. 41. This mistake was noticed

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by the petitioner after publication of Newasa
Legislative Assembly Electoral rolls as on
1.1.2017. The petitioner immediately moved an
application to the Electoral Registering Officer
seeking correction of the mistake. The

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Electoral Registering Officer after considering

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the report of the Block Level Officer directed
correction of the mistake and inclusion of the

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name of the petitioner in Block No. 41. The name
of the petitioner thus appears in the voters list
preparedforNewasaLegislativeAssembly
Constituency in Block No. 41 which falls within
the urban area. The petitioner was surprised on
noticing that her name does not appear in the
provisional voters list prepared for Newasa Nagar
Panchayat elections.

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4.The petitioner, as such, moved an
applicationraisingobjectionwithinthe

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stipulated period for correction of the mistake

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and inclusion of her name in Block No.41. The
application was tendered by the petitioner has
been turned down without assigning proper reason.
The petitioner contends that since her name
appears in the voters list of Newasa Legislative
Assembly Constituency and more particularly Block
No. 41 which is an urban area, her name ought to
appear in voters list prepared for the elections
of Newasa Nagar Panchayat.

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5.Section 11 of theMaharashtra Municipal
Councils Nagar Panchayats and Industrial Townships
Act, 1965 (for short, 'the Act') prescribes that
the electoral roll of the Maharashtra Legislative
Assembly prepared under the provisions of the
Representation of the People Act, 1950, for the
time being in force, on such date as the State
Election Commissioner may, by general or special
order notify, shall be divided by the State
Election Commissioner into different sections
corresponding to different wards in the municipal
area; and a printed copy of each section of the
roll so divided and authenticated by the State
Election Commissioner or an officer authorised by
him, shall be the list of voters for each ward.

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6.Sub-section 2 of Section 12 of the Act
provides that, the list of voters maintained under
Section 11 shall be conclusive evidence for the
purpose of determining under said Section whether
a person is qualified or is not qualified to vote,
as the case may be, at any election.

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 Sub-section 1 of Section 12 of the Act

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provides that, every person whose name is recorded
in the voters list maintained under Section 11
shall be qualified to vote, and every person whose
name is not in such list shall not be qualified to
vote.

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7.In the instant matter, the name of

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petitioner does appear in the electoral rolls of
Newasa Legislative Assembly Constituency and the
name also does appear prior to the notified date
prescribed by the State Election Commissioner, and
as such, it was mandatory to incorporate her name
in the voters list prepared for the elections of
Newasa Nagar Panchayat.

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8.Respondent no.6 has erroneously turned

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down the objection raised by the petitioner and
has committed material irregularity. The order
passed by respondent no. 6 rejecting the request

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of the petitioner to incorporate her name in the
voters list deserves to be quashed and set aside

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and same is accordingly quashed and set aside.
Respondent no. 6 is directed to include the name
of the petitioner in the electoral rolls for the
elections to Newasa Nagar Panchayat forthwith.

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9.Rule is accordingly made absolute. In the
circumstances, there shall be no order as to
costs.

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dbm/wp4359.17

Poonam Sandeep Ghongade v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Poonam Sandeep Ghongade v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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