Laxman Machindra Ware Vs the State of Maharashtra and Others — Bombay HC (2024) — LawSathi Research

Laxman Machindra Ware Vs the State of Maharashtra and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners given liberty to verify their names in the Lok Sabha Electoral Rolls and, if there is any grievance, to approach the Appropriate Authorities for redressal, in tune with the prescribed provisions of law; the direction is made applicable to all persons claiming that their names were deleted from the final Nagar Panchayat electoral rolls.

Issue for consideration

Whether the Petitioners, whose names were allegedly deleted from the electoral rolls for the Nagar Panchayat, Wadwani elections, can verify their inclusion in the Lok Sabha Electoral Rolls ahead of the April/May 2024 general elections and seek redressal of any grievance from the Appropriate Authorities.

Court's answer

The Writ Petition is disposed of; the Petitioners are permitted to verify whether their names are found in the Lok Sabha Electoral Rolls and, if aggrieved, to approach the Appropriate Authorities for redressal of their grievance, in accordance with the prescribed provisions of law.

Ratio / Principle

The order is made applicable to all persons who claim that their names were deleted from the final Nagar Panchayat Electoral Rules, who are at liberty to take recourse to the same procedure.

Key takeaways

The pending Civil Application does not survive and stands disposed of.ratio¶15

Detailed headnote1 paragraphs

Elections - Nagar Panchayat, Wadwani, District Beed - deletion of 23 electors' names from the Nagar Panchayat electoral rolls for elections held on 21.02.2021 - 42 Petitioners believed their names stood in the State Assembly Electoral Rolls and sought verification of inclusion in the Lok Sabha Electoral Rolls ahead of the April/May 2024 general elections - Advocate for the Election Commission submitted that the State Election Commission has to act in accordance with the order dated 30.01.2023, including for Local Self Government elections - Held: Writ Petition disposed of; Petitioners permitted to verify their names in the Lok Sabha Electoral Rolls and to approach the Appropriate Authorities for redressal in accordance with the prescribed provisions of law; direction extended to all persons claiming deletion from the final Nagar Panchayat electoral rolls; pending Civil Application disposed as not surviving.

2024:BHC-AUG:6416-DB

( 1 ) wp2050.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

909 WRIT PETITION NO. 2050 OF 2022 WITH CIVIL APPLICATION NO. 13628 OF 2022 LAXMAN MACHINDRA WARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr.H.H. Padalkar, Advocate for the Petitioner. Mr.A.A.A. Khan, AGP for Respondent Nos. 1 and 3. Mr.A.B. Kadethankar, Advocate for Respondent Nos. 2 and 4. Mr.S.E. Shekade, Advocate for the intervenor.

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ. DATED : 19.03.2024

PC :-

The Petitioners approached this Court in relation to the elections to the Nagar Panchayat, Wadwani, District Beed. 23 persons whose names were purportedly in the State Assembly Electoral Rolls, found themselves deleted at the hands of the Election Officer in relation to the Nagar Panchayat, Wadwani elections, that were held on 21.02.2021.

As on date, it is the belief of the petitioners [42 in numbers], that their names are included in the State Assembly Electoral Rolls. Considering that the general elections would be held in the months of April/May, 2024, the Petitioners also need to verify for themselves as to whether their names are set out in the Loksabha Electoral Rolls.

( 2 ) wp2050.22

The learned Advocate appearing on behalf of the Election Commission submits that the State Election Commission has to act in accordance with the order dated 30.01.2023, even when it comes to the elections of Local Self Government Authorities.

In view of the above, this Writ Petition is disposed off . Let the Petitioners verify as to whether their names are found in the Lok Sabha Electoral Rolls. If there is any grievance, they are at liberty to approach the Appropriate Authorities for the redressal of their grievance. Needless to state, this exercise has to be done in tune with the prescribed provisions of law. We make it clear that this order would be made applicable to all those persons who claim that their names were deleted from the final Nagar Panchayat Electoral Rules and would be at liberty to take recourse to the same procedure.

Pending Civil Application does not survive and stands disposed off.

[R.M. JOSHI,J.]

[RAVINDRA V. GHUGE,J.]

snk/2024/MAR24/wp2050.22