SHAMRAO NARHARI PAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 Co-operative Election Authority / District Deputy Registrar, Co-operative 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. 1/9/2022.

(2.) Brief facts leading to filing of the Writ Petition can be summarized as under :

(3.) The learned counsel for the petitioner, Mr.V.D.Hon, Senior Advocate submits that course adopted by respondent no.4 is dehors the provisions of law and respondent no.4 - The District Cooperative Election Authority has completely overstepped his jurisdiction by including 108 names in the supplementary final voters list. The learned counsel relies on Rule 4 of the Maharashtra Agricultural Produce Market Committee [Election to Committee] Rules, 2017 [for short 'Rules of 2017'] to submit that the elections has to be conducted in accordance with the provisions of the APMC Act and Rules. Rule 6 of the Rules of 2017 deals with the preparation of the voters list. As per the proviso to Rule 6 of Rules of 2017, provisional voters list shall be prepared on the basis of the date fixed by the State Co-operative Election Authority i.e. the provisional voters shall contain the list for eligible voters on the cut off date fixed by the State Co-operative Election Authority. In the instant case, the cut off date was 1/9/2022 under the proviso to Rule 6 of the Rules of 2017. The objections are called for under Rule 7 of the Rules of 2017. Rule 7 (1) provides for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the concerned District Election Officer in writing by any person whose name appears in provisional voters list of the Market Committee during office hours, within ten days from the date of publication of the provisional voters list. As per Rule 7 (2) of Rules of 2017, every claim and objection has to be in writing and state the grounds on which the claim has to be specifically raised with any proof thereof. As per Rule 7 (3) of Rules of 2017, the District Election Officer shall, or as directed by the State Cooperative Election Authority, after making such enquiries as deem necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections. Thereafter final voters list shall be published within the period of fifteen days from the last date prescribed for receiving the claims and objections.