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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Vibha Kankanwadi, S.G.Chapalgaonkar
Chandrakant s/o Nimba Patil – Appellant
Versus
State Election Commission, Through The Chief Election Commissioner – Respondent
Headnote: Read headnote
JUDGMENT :
Smt. Vibha Kankanwadi, J.
Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for the parties.
2. The petitioner is invoking constitutional powers of this Court under Article 226 and 227 of the Constitution of India and seeks writ of mandamus against the respondents to consider his representations dated 02.08.2024, 16.08.2024, 20.08.2024, 29.08.2024 and 20.09.2024 addressed to them to identify, verify and remove names of voters those are registered in voter’s list for more than one occasion/time. He also seeks writ of mandamus to direct respondent Nos.1 and 2 to provide adequate infrastructure to election machinery at district level to identify, verify and remove names of voters, whose names have been registered in the voter’s list on more than one occasion/time.
3. The petitioner is a Member of Legislative Assembly, Maharashtra State, who has been duly elected from Muktainagar Constituency in District Jalgaon. The elections for the Legislative Assembly for the State of Mah
The court upheld that procedural compliance in voter registration processes is mandatory, denying bulk objections that lack proper individual submissions as per statutory requirements.
The main legal point established in the judgment is the self-contained nature of the Representation of People Act, 1951 and the Registration of Electors Rules, 1960, and the availability of statutory....
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
Right to be included in electoral roll or to challenge to inclusion of any name in roll is a right conferred upon an individual and not upon any political party.
Due diligence in following the mandated procedures for inclusion in the Electoral Rolls is crucial, and failure to adhere to the procedures outlined in the Rules of 2023 may result in the dismissal o....
The main legal point established in the judgment is that the appellants have an alternative remedy available under Rule 28 of the APMC Rules, and therefore, the petition under extraordinary jurisdict....
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
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