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NITIN W. SAMBRE, ABHAY J. MANTRI
Sadashiv S/o Shivaji Dhenge – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY J. MANTRI, J.
1. The petitioner has raised the grievance that holding of election to elect the members of respondent No. 6-Agricultural Produce Market Committee, Tumsar (for short “APMC”) before completion of the election process of 58 Gram-Panchayats from Mohadi Tahsil without inclusion of the names of members/Sarpanch from these 58 Gram-Panchayats in the voters’ list, is illegal and bad in law.
2. Succinctly, the factual matrix of the case is as under:
The main legal point established in the judgment is the duty of the Election Officer to protect the rights of the voters while preparing the final voters’ list and the importance of including the nam....
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 the need for strict adherence to the prescribed timelines for inclusion in the final voters list and the consequences of disqualification due to lo....
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 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 the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
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