The court emphasized the importance of not stalling the election process at an advanced stage and highlighted the availability of alternate remedies under relevant laws.

JUDGMENT :

S.J. KATHAWALLA, J.

1. By the above Writ Petition, the Petitioners seek to challenge the final voters list prepared for the purpose of Hinjawadi Grampanchayat Election which is scheduled to be held on 15th January, 2021.

2. The reliefs sought in the above Writ Petition are as follows:

“This Hon'ble Court may be pleased to invoke its writ jurisdiction under Article 226 of the Constitution of India and issue a writ of mandamus or a writ, direction or order in the nature of mandamus.

(a) Direct the Respondents to correct the draft voter's list and/or to prepare a corrected final voter's list for the Respondent No. 6's general election.

(b) Direct the Respondents to ensure that residents from outside the Respondent No. 6 are not added to the voter's list as also voters from the Gram Panchayat be shown in their rightful wards.

(c) Direct the Respondents to delete the voters shown from S. No. 1 to S. Nos. 342 of the voter's list of Ward No. 5 and include same in Ward No. 3.

(d) Direct the Respondents to delete the names shown from Serial Nos. 343 to 534 in voter's list of Ward No. 5 and same be included in Ward No. 4.

(e) Direct the Respondents to remove the names added from outside gram panchayat area as enumerated at Exhibit-O herein.”

3. The facts which are relevant for deciding the above Writ Petition are in brief set out hereunder:

3.1 On 20th November, 2020 the Election Commission declared the programme concerning the finalisation of the draft voter's list.

3.2 By another circular of the same date, further directions were given as to how the draft voter's list was to be finalised.

3.3 As per the directions of the Election Commission, the voters list utilised for the last State Assembly Elections for Maharashtra as updated upto 25th September, 2020, was to be considered for the preparation draft voter's list of the Respondent No. 6.

3.4 In exercise of the powers under Section 12 of the Maharashtra Village Panchayats Act, 1959, the State Election Commission has adopted the electoral roll prepared for the assembly elections by the Election Commission of India under the Representation of People’s Act and 25th September, 2020 was fixed as the cut of date. The said electoral roll was divided into the wards of villages and the draft voter’s list was prepared.

3.5 According to the Petitioners, they noticed several irregularities in the State Assembly Election Voter's list itself.

3.6 On 3rd December, 2020 the Petitioner No. 1 fled his objections with the Respondent No. 5 i.e. the Tahsildar, Tal. Mulshi, Pune.

3.7 The Petitioner No. 2 also fled his objections on 7th December, 2020, pointing out how certain names should not be included in a particular ward, but should be included in another ward and the names incorrectly included in a particular Ward should be removed.

3.8 The alleged irregularities were once again pointed out by the Petitioner No. 1 vide his Letter addressed to the Tahsildar dated 10th December, 2020.

3.9 Since no response was received, the Petitioners fled the above Writ Petition on 12th December, 2020 seeking reliefs as set out in paragraph 2 above.

3.10 The final voter's list was published on 14th December, 2020.

4. The Learned Advocate appearing for the State Election Commission on instructions from Mr. Hemant Naikwadi, Circle Officer, Hinjawadi, Tal. Mulshi, who is present in Court, states that the objections raised by the Petitioners have been considered by the Sub-Divisional Officer and it is only thereafter, that the final list of voters has been published. In other words, the SDO did not find any substance in the objections of the Petitioners, and rejected the same. The Learned Advocate for the State Election Commission relying on a Notification dated 20th November, 2020, issued by the State Election Commission, particularly Clause 3(c) thereof, submitted that the State Election Commission is not empowered to delete/add any names on the ground of absenteeism, shifting, death of individual/s residing in a particular area