Dilip S/O Rambhau Jadhav and Others vs State of Maharashtra, Thr. Secretary of Rural Devpt. Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Dilip S/O Rambhau Jadhav and Others vs State of Maharashtra, Thr. Secretary of Rural Devpt. Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim measures at notice stage: notice issued returnable 21.8.2025; any process towards finalization of preparation of Gat/Gan made subject to the result of the petition; respondents expected to file reply within two days, failing which the Court may consider the prayer for interim relief; intervention application Civil Application (CAW) No.1936/2025 allowed; petitioners directed to amend by 19.8.2025; matter to be placed high on board on 21.8.2025.

Issue for consideration

Whether the preparation of Gat/Gan by respondent No.2 involved irregularities, including non-following of Guideline Nos. 3.5.2, 3.5.3, 3.5.4, 3.5.6, 3.7.2, 3.7.5, 8.1 and 8.2 prescribed for preparation of Gat/Gan. +2 more

Court's answer

Prima facie, the learned Advocate for the petitioners succeeded in showing certain irregularities in the preparation of Gat/Gan, one being that village Masla (Bk.), earlier included in adjoining Pangari Navghare Gat, was now included in Gat Bramhanwada, which appears geologically inconvenient, with similar instances of other villages pointed out.

Ratio / Principle

Notice was issued to the respondents, returnable on 21.8.2025.

Key takeaways

As an interim measure, any process followed in respect of finalization of preparation of Gat/Gan shall be subject to the result of this petition.ratio¶21
Considering the seriousness of the matter, the respondents are expected to file their reply within two days and supply its copy to the petitioners.ratio¶22
If the reply is not filed by the respondents, this Court may consider the prayer for grant of interim relief.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench - Writ Petition No.4627/2025 (Shri Dilip S/o Rambhau Jadhav and others v. State of Maharashtra and others) - interim order dated 18.08.2025 (Anil S. Kilor and Mrs. Vrushali V. Joshi, JJ.). The petition challenges the preparation of 'Gat/Gan' by respondent No.2. Counsel prima facie showed irregularities, including that village Masla (Bk.), earlier included in adjoining Pangari Navghare Gat, was now included in Gat Bramhanwada (allegedly geologically inconvenient), with similar instances in other villages; alleged non-following of Guideline Nos. 3.5.2, 3.5.3, 3.5.4, 3.5.6, 3.7.2, 3.7.5, 8.1 and 8.2; and an impugned order which prima facie did not show the objections to the Gat/Gan were decided in right perspective. The copy of the decision on objections was supplied late on 12.08.2025 (purportedly taken on 11.08.2025), and the Gat/Gan was scheduled to be forwarded to respondent No.4-State Election Commission on 18.08.2025, with an apprehension that acceptance would deprive many voters of effective franchise. Held (interim): notice issued returnable 21.08.2025; any process towards finalization of the Gat/Gan made subject to the result of the petition; respondents expected to file reply within two days, failing which the prayer for interim relief may be considered; intervention application of voters supporting the petitioners (Civil Application CAW No.1936/2025) allowed; amendment to be carried out by 19.08.2025; matter placed high on board on 21.08.2025. No final adjudication on merits.

1 wp4627.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

WRIT PETITION NO.4627/2025

(Shri Dilip S/o Rambhau Jadhav and others Vs. State of Maharashtra and others)

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

Mr. A.M. Ghare, Advocate with Mr. P.V. Ghare, Advocate for the petitioners. Mr. Y.N. Sambre, Advocate for the applicants/intervenors in Civil Application (C.A.W.) No.1936/2025.

CORAM: ANIL S. KILOR & MRS.VRUSHALI V. JOSHI, JJ. DATED: 18.8.2025.

The matter pertains to the preparation of Gat/Gan by the respondent No.2.

Mr. Ghare, learned Advocate for the petitioners, prima facie, succeeded in showing certain irregularities. One of such irregularities is relating to village Masla (Bk.) which was earlier included in adjoining Pangari Navghare Gat and now included in Gat Bramhanwada which appears to be geologically inconvenient. Similar instances of other villages have also been pointed out.

In the above backdrop, he has drawn attention to the Guidelines which have to be followed for preparation of Gat/Gan. He has argued that Guideline Nos.3.5.2., 3.5.3, 3.5.4, 3.5.6, 3.7.2, 3.7.5, 8.1 and 8.2 have been not followed and there is a complete violation of these guidelines.

He has further drawn attention of this Court to the impugned order which, prima facie, does not show the objections raised to the preparation of Gat/Gan, were decided in right perspective.

In addition to this, he has stated in para 7 of the petition that despite repeated requests to supply the copy of decision taken on

2 wp4627.2025.odt

objections, it was supplied on 12.8.2025 at late hours after regular office timing, showing the decision purportedly taken on 11.8.2025. There were holidays on 15.8.2025, 16.8.2025 and 17.8.2025.

It is further pointed out that as per schedule, 18.8.2025 is the date on which this preparation of Gat/Gan is to be forwarded to the respondent No.4-State Election Commission. He, therefore, submits that once such report is accepted, it will create chaos and many of the voters will not be able to vote in the election for the reason that they will have to travel long distance and this would indirectly affect their right to vote as provided under the Statute.

In that view of the matter, issue notice to the respondents, returnable on 21.8.2025.

Mr. D.P. Thakare, learned Additional Government Pleader waives notice for respondent Nos.1 to 3.

The petitioners are permitted to serve the other respondents by private mode of service including e-mail and whats-app in addition to regular mode of service.

In the meantime, if any process is followed in respect of finalization of preparation of Gat/Gan, the same shall be subject to the result of this petition.

It is made clear that considering the seriousness of the matter, it is expected that the respondents shall file their reply within two days and the copy of the same shall be supplied to the petitioners.

If reply is not filed by the respondents, this Court may consider the prayer for grant of interim relief.

Let the matter be placed high on board on 21.8.2025.

Steno copy granted.

3 wp4627.2025.odt

CIVIL APPLICATION (CAW) NO.1936/2025 .

Since the intervention applicants are the voters, who are supporting the petitioners and claiming that if such preparation of Gat/Gan is accepted, they would be sufferers. In that view of the matter, intervention application bearing Civil Application (CAW) No.1936/2025 is allowed.

The petitioners are directed to carry out the amendment by tomorrow i.e. 19.8.2025.

(MRS.VRUSHALI V.JOSHI, J.) (ANIL S. KILOR, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 18/08/2025 17:46:31