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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION IN ELECTION PETITION NO.35 OF 2024
Smt. Shobha Dinesh Bacchav
Age: 64 years, Occu.: Medical Practitioner,
R/o. Dhanvantri Hospital, Pet Road,
Panchavati, Nashik, Dist. Nashik .. Applicant
(Ori. Respondent No.3)
VERSUS
1. Dr. Shri Subhash Ramrao Bhamre,
Age: 71 years, Occu.: Medical Practitioner,
R/o. Plot No.16, Badgujar, Parola Road,
Dist. Dhule (Ori. Petitioner)
2. The Election Commission of India,
Through Chief Election Commissioner,
Nirvachan Sadan, Ashoka Road,
New Delhi
3. The Returning Officer,
Dhule Parliamentary Constituency 02
@ The Collector,
Dhule, Dist. Dhule,
C/o. Collector Office, Dhule, Dist. Dhule
4. Shri Bharat Baburao Jadhav,
Age: 42 years, Occu.: Labour,
R/o. At Pimpri, Po. Vadjai,
Tq. & Dist. Dhule
5. Zahor Ahamad Mohamad Yusuf (Jam Jam)
Age: 54 years, occu.: Agri.,
R/o. 3047/A, Panch Kandil,
Agra Road, Dhule, Dist. Dhule
6. Shafeeque Ahemad Md. Rafeeque,
Age: 44 years, Occu.: Business,
R/o.: Survey No.43, Plot No.2,
Shahid Abdul Hamid Road, Ganesh Nagar,
Malegaon, Dist. Nashik
7. Shri Namdeo Rohidas Yalave,
Age: 52 years, Occu.: Business,
R/o.: At Post Walkheda,
Tq. Shindkheda, Dist. Dhule
8. Shri Sachin Umaji Nikam,
Age: 35 Years, Occu.: Advocate,
R/o.: At Dabali, Post. Kashti,
Tq. Malegaon, Dist. Nashik
9. Shri Raj Chavan,
Age: 55 years, occu.: Agri.,
R/o.22, Jamanagiri Road,
Golibar Tekadi Area, Sushil Nagar,
Dhule, Tq. & Dist. Dhule
10. Mohammad Ismail Jumman,
Age: 64 years, Occu.: Labour,
R/o. House No.10, Lane No.5,
Survey No.209/1, Munshi Shaban Nagar,
Malegaon, Dist. Nashik
11. Shri Suresh Jagannath Brahmankar,
Age: 67 years, Occu.: Labour,
At Post Jaykheda, Tq. Baglaan,
Dist. Nashik
12. Shri Shivaji Nathu Patil,
Age: 43 years, Occu.: Labour,
R/o. Shivaji Chouk, Aarvi,
Dist. Dhule
13. Shaikh Mohammad Zaid Shamim Ahmed,
Age: 53 years, Occu.: Private Service,
R/o. 201, Aksa Tower, Samrath Colony,
Chalisgaon road, Near Apni Bakery, Dhule
14. Mohammad Aameen Mohammad Faruque,
Age: 45 years, Occu.: Business,
R/o. S. No.92, Plot No.4,
Jafar Nagar, Malegaon, Dist. Nashik
15. Muqeem Meena Nagri,
Age: 43 years, Occu.: Business,
R/o. S.R. No.19, H. 51,
Mominpura, Islampur, Malegaon,
Dist. Nashik
16. Irfan Mo. Ishak (Nadir),
Age: 43 years, Occu.: Social Worker,
R/o. 37 A near Beef Market, Navapura,
Malegaon, Tq. Malegaon, Dist. Nashik
17. Shri Malay Prakash Patil,
Age: 35 years, Occu.: Business,
R/o. “Umed Nivas” Chinchavali Wadi,
Goregaon, Tq. Mangoon, Dist. Rajgad
18. Abdul Hafeez Abdul Haque,
Age: 39 years, Occu.: Labour,
R/o. House No.2536/13,
Maulana Azad Road, Maulavi Ganj,
Dhule, Dist. Dhule .. Respondents
Advocate for Applicant :
Mr. V. D. Salunke & Mr. A. V. Deshmukh
Advocate for Non-applicant No.1/ Election Petitioner:
Mr. Mukul Kulkarni & Mr. Umesh G. Mitkari
Advocate for Non-applicants No.2 & 3 :
Mr. Alok Sharma
Advocate for Respondent 10 in EP : Mr. Mohit S. Shah
WITH
ELECTION PETITION NO. 2 OF 2024
Dr. Shri Subhash Ramrao Bhamre .. Petitioner
Versus
1. The Election Commission of India,
Through Chief Election Commissioner
2. The Returning Officer,
Dhule Parliamentary Constituency (02),
@ The Collector, Dhule, Dist. Dhule
3. Smt. Shobha Dinesh Bacchav
4. Shri Bharat Baburao Jadhav
5. Zahor Ahamad Mohamad Yusuf (Jam Jam)
6. Shri Sanjay Rameshwar Sharma
7. Shafeeque Ahemad Md. Rafeeque
8. Shri Namdeo Rohidas Yelave
9. Shri Sachin Umaji Nikam
10. Shri Raj Chavan
11. Mohammad Ismail Jumman
12. Shri Suresh Jagannath Brahmankar
13. Shri Shivaji Nathu Patil
14. Shaikh Mohammad Zaid Shamim Ahmed
15. Mohammad Aameen Mohammad Faruque
16. Muqeem Meena Nagri
17. Irfan Mo. Ishak (Nadir)
18. Shri Malay Prakash Patil
19. Abdul Hafeez Abdul Haque .. Respondents
WITH
APPLICATION IN EP NO. 20 OF 2024 IN EP/2/2024
DR. SHRI SUBHASH RAMRAO BHAMRE
VERSUS
THE ELECTION COMMISSION OF INDIA AND OTHERS
WITH
APPLICATION IN EP NO. 31 OF 2024 IN EP/2/2024
THE ELECTION COMMISSION OF INDIA AND ANOTHER
VERSUS
DR. SHRI SUBHASH RAMRAO BHAMRE AND OTHERS
CORAM : ARUN R. PEDNEKER, J.
DATE : 13.06.2025
Judgment:
1. Heard Mr. Mukul Kulkarni along with Mr. Umesh G. Mitkari, learned counsel for the Election Petitioner, Mr. V. D. Salunke along with Mr. A. V. Deshmukh, learned counsel for Respondent No.3 in the Election Petition and Mr. Alok Sharma, learned Standing Counsel for the Election Commission.
2. General Elections to the 18th Lok Sabha was announced on 16.03.2024 and Election / Voting to the Dhule Parliamentary Constituency was held on 20.05.2024 and Respondent No.3 was declared elected on 04.06.2024. The election petitioner was one of the candidates in the election who had secured the second highest votes. The elected candidates secured 5,83,866 votes while the election petitioner secured 5,80,035 votes. The difference in votes between the two candidates is 3831 votes.
3. The Dhule Parliamentary Constituency consists of 6 assembly constituencies, which are Dhule (Rural), Dhule (City), Sindkheda, Malegaon (Central), Malegaon (Outer) and Baglan.
In the Malegaon Central Constituency out of 02,05,588 votes polled, respondent no.3 had secured 1,98,869 votes, whereas the petitioner received only 4542 votes and none of the other candidates could pass 100 vote mark.
The Election Petition primarily focuses on this Assembly Constituency (Malegaon Central Constituency) and has filed Election Petition primarily contending that names of large number of dead persons are included in the electoral roll of this assembly constituency and votes are cast in the name of the dead persons and the same is received by Respondent No.3. It is also contended that there are multiple votes cast in the name of same persons in different booths in the said Assembly Constituency as their names are reflected in the Electoral Roll at multiple places of the same assembly constituency.
THE GIST OF THE ELECTION PETITION:
4. In the Election Petition, the relevant pleadings are as under:
“A. The petitioner states and submits that on inquiries the Petitioner came to know from Abhishek Rajgopal Rathi, Rajiya Akbar Shah, Subhash Jagannath Pachpute, Rajendra Jagannath Pachpute, Jayesh Dipak Sonagra, Umesh Ramesh Borwal, Ramesh Tukaram Chaudhari and Shital Ramchandra Pawar, who all are residents of Malegaon and party workers associated with the Petitioner during the election and have noted that votes were polled in the name of persons who were already dead and that these votes are polled in favour of Respondent No.3.
B. The Petitioner states and submits that the Petitioner applied to the Malegaon Municipal Corporation and sought details of the register maintained under the Registration of Births and Deaths Act in Malegaon Central Assembly Constituency. It is a matter of record that the said constituency consists of three Prabhags i.e. Prabhag No.2, 3 and 4 formed by the Municiple Corporation. In response to the information sought by the Petitioner, the Corporation has supplied the data containing the register of death maintained in respect of Prabhag No.2, 3 and 4 for the period of 01.01.2016 to 31.05.2024, except for the period of 2020 to 2021 for Prabhag No.4. As per the said register 17,767 persons have died during last 8 years 5 months. It is pertinent to note that entire data as solicited by Petitioner is not supplied to the Petitioner therefore the number stated above is minimum and bound to increase after the Petitioner received the entire data.
C. The Petitioner states and submits that when the Petitioner counter checked the entries in the said register supplied to Petitioner by Municipal Corporation, with the final list of voters, it revealed that as of now the final list of voters, it revealed that as of now the final list of voters contains names of 4,378 dead persons of Malegaon Central Assembly Constituency despite the fact that their deaths are duly recorded in the register of deaths.
D. The Petitioner states and submits that the Petitioner submitted application under the Right to Information Act on 0
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