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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ARUN R. PEDNEKER, J.
Shamrao Narhari Pavale – Petitioner
Versus
The State of Maharashtra – Respondent
Writ Petition No. 11402 of 2022
Decided On : 24-11-2022
Supplementary Final Voters List - Challenge to legality and validity of supplementary final voters list of traders constituency of APMC, Vasmat - Maharashtra Agricultural Produce Marketing [Development and Regulation] Act, 1963, Rules of 1967, Rules of 2017 - The court dismissed the writ petition challenging the addition of 108 voters to the supplementary final voters list, holding that interference at this stage would hamper the election process and that the issues and controversy could be settled in a properly instituted election petition.
Fact of the Case:
The petitioner challenged the legality and validity of the supplementary final voters list of the traders constituency of APMC, Vasmat, primarily objecting to the addition of 108 voters to the list, as well as the addition of 108 voters to the provisional voters list despite their ineligibility on the cut-off date of 01.09.2022.
Finding of the Court:
The court dismissed the writ petition, stating that interference at this stage would hamper the election process and that the issues and controversy could be settled in a properly instituted election petition.
Issues: The issues revolved around the legality and validity of the supplementary final voters list, the addition of 108 voters, and the extension of the cut-off date for voter eligibility.
Ratio Decidendi: The court held that interference at this stage would hamper the election process and that the issues and controversy could be settled in a properly instituted election petition.
Final Decision: The writ petition was dismissed, with liberty to the petitioner to approach an alternate forum under Rule 72-A of the Election Rules of 2017 at an appropriate stage seeking to set aside the order of respondent no. 4 for inclusion of 108 votes and for any relief as the petitioner considers fit.
JUDGMENT :
ARUN R. PEDNEKER, J.
1. By way of the present Writ Petition, the petitioner is challenging the legality and validity of the supplementary final voters list of the traders constituency of APMC, Vasmat, published by respondent no. 4-District Cooperative Election Authority/District Deputy Registrar, Cooperative Societies, Hingoli, being contrary to the APMC Act and Rules. The challenge is primarily to the addition of 108 voters to the purported final voters list by the supplementary final voters list, on the submission that there cannot be a multiple final voters list. The Writ Petition also challenges the addition of 108 voters to the provisional voters list, although they were not eligible on the cut off date i.e. 01.09.2022.
2. Brief facts leading to filing of the Writ Petition can be summarized as under:
(ii) As per the election programme, nominations were required to be filed between 14.11.2022 to 18.11.2022. The scrutiny of the nominations scheduled on 21.11.2022. The list of the contesting candidates is to be published on 22.11.2022. The election programme is as under:
APPENDIX-I
Prospective voters list and election programme of Agricultural Produce Marketing Committee.
Voters list programme
|
| Voters list programme |
|
| S. No. | Details | Date |
| 1. | Calling the list of members from District Deputy Registrar, Cooperative Societies and Block Development Officer | Upto 19.09.2022 |
| 2. | Submission of list of members to the Secretary, Market Committee for preparation of draft voters list | 21.09.2022 |
| 3. | Preparation of draft voters list by Secretary of Market Committee in sample 4 | 21.09.2022 to 06.10.2022 |
| 4. | Submission of Draft Voters list prepared by Secretary, Market Committee in Sample 4 to the District Election Officer [APMC] | 07.10.2022 |
| 5. | Publication of Draft Voters list by District Election Officer [APMC] | 12.10.2022 |
| 6. | Objections to be called by the District Election Officer [APMC] on the Draft voters list. | 12.10.2022 to 21.10.2022 |
| 7. | Decision to be taken by the District Election Officer [APMC] on the objections. | 21.10.2022 to 31.10.2022 |
| 8. | Final voters list to be published by the District Election Officer [APMC] | 04.11.2022 |
ELECTION PROGRAMME
| S. No. | Details | Date |
| 1. | Announcing the election programme by the Election Returning Officer | 14.11.2022 |
| 2. | Last date for filing nomination papers | 14.11.2022 to 18.11.2022 |
| 3. | Date of publication of list of received nomination papers | As received till the last date fixed for filing nomination. |
| 4. | Date of scrutiny of nomination papers | 21.11.2022 |
| 5. | Date of publication of valid nomination papers after scrutiny | 22.11.2022 |
| 6. | The date by which nomination will be withdrawn | 22.11.2022 to 06.12.2022 |
| 7. | Date of publication of final list of candidates contesting election and allotment of symbol/logo | 07.12.2022 |
| 8. | Voting | 18.12.2022 |
| 9. | Counting votes | 19.12.2022 |
| 10. | Declaring result Immediately after counting votes. |
|
The court emphasized that interference at an intermediate stage of the election process should be limited and that issues and controversies should be settled through a properly instituted election pe....
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
The election authority cannot inquire into the validity of grant or renewal of licenses under Rule 7 of the Maharashtra Agricultural Produce Market Committee (Election to Committee) Rules, 2017.
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
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