RAHUL SAMBHAJI GAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner prays for writ of certiorari for quashing and setting aside the order 8/6/2022 passed by the respondent no.2 finalizing the list of voters of the respondent no.3 society. The petitioners have also prayed for writ of mandamus against the respondent nos. 4, 5 and 6 to examine the provisional list of voters prepared by the respondent no.3 for ensuing elections to its managing committee in terms of the request/terms issued by the respondent no.2 on 31/5/2022. Some of the relevant facts for the purpose of deciding this writ petition are as under :-

(2.) The petitioners claim to be the members of the respondent no.3 society. The term of the office of the Board of Directors of the respondent no.3 expired in the year 2020. The election for the Board of Directors however was postponed from time to time on account of global COVID-19 pandemic.

(3.) It is the case of the petitioners that in the provisional list of voters prepared by the respondent no.3, names of large number of dead members have not been deleted. On 29/4/2022, the petitioners applied to the respondent no.3 requesting the respondent no.3 to specifically mention about such death of large number of members against the names of such members in the provisional voters list that would be prepared by the respondent no.3.