Disposed
Asha Madhukar Raut v. the State of Maharashtra and Others
Bombay HCPIL/23/2019
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23.19PIL.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
980 PUBLIC INTEREST LITIGATION NO.23 OF 2019
ASHA MADHUKAR RAUT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr.R.D.Sanap, Advocate for the petitioner
Mr.A.B.Girase, G.P. for Respondent–State
Mr.S.T.Shelke, Advocate for respondent no.2
...
CORAM: S.S.SHINDE &
R.G.AVACHAT,JJ.
DATE : 15.02.2019
PER COURT:
1]This Petition is filed with the
following substantive prayer:
“B.By issuing writ of Mandamus or any
other writ, order or directions in the
like nature, the respondent no.3 and 4
may kindly be directed to include the
name of petitioner along with other
voters of Sillod Municipal Council as
per the earlier voters list of year
2014 of the Assembly and Municipal
council elections of year 2014; for the
purpose of Sillod Municipal Council
election for the year 2019.”
2
23.19PIL.odt
2]Learned counsel appearing for the
Respondent No.2 - State Election Commission
has tendered across the Bar election
programme, published by the Chief Electoral
Officer, State Election Commission, and the
same is taken on record. Upon perusal of the
said document, it appears that, the date of
publication of the provisional voters list
for ensuing elections of the Sillod Municipal
Council was 1st September, 2018. Thereafter,
for inviting objections and considering the
same, the period was stipulated i.e. from 1st
September, 2018 to 31st October, 2018, and 30th
November, 2018 was the date fixed for taking
decision by the competent authority on such
objections. It appears that, the final voters
list has been published on 4th January, 2019.
3]The grievance raised in the Public
Interest Litigation about 2000 voters cannot
be considered together, and each individual
aggrieved person i.e. the voter, has to avail
23.19PIL.odt
3
of an appropriate remedy in individual
capacity. The elections are governed by the
particular scheme, and by the election
programme the dates are stipulated and
mentioned in the said election programme. It
is not possible for this Court to consider
all these grievances by entertaining this
PIL. In that view of the matter, we are
unable to persuade ourselves to entertain
this PIL. Hence, the PIL stands disposed of.
4]If the petitioner or any aggrieved
person has remedy available in law; they can
avail of the same. The disposal of this PIL
shall not be construed as an impediment to
those individuals, including the petitioner,
to avail of an appropriate remedy, as
available in law.
[R.G.AVACHAT] [S.S.SHINDE] JUDGE JUDGE
DDC
Asha Madhukar Raut
The State of Maharashtra
S.S. Shinde
R.G. Avachat
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
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