prwp10912-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10912 OF 2011 Dr. Ramesh Ganesh Bapat ... Petitioner. V/s. The State of Maharashtra & Ors. ... Respondents. --- Mr. P.S. Dani for the Petitioner. Ms. M.S.Bane, AGP for the Respondent Nos. 1 and 2. --- CORAM:- G.S. GODBOLE, J. DATED :- 19th DECEMBER, 2011. P.C. : 1 Not on Board. Taken on Board on production. 2 Heard Mr. Dani, Advocate for the Petitioner and learned AGP for Respondent Nos. 1 and 2. 3 It is a well settled position of law that preparation of a list of voters is an intermediate stage in the process of elections. I have perused the election program, according to which last date for withdrawal of nomination is 23rd December, 2011 and the voting is fixed on 8th January, 2012. The Petitioner has objection regarding inclusion of 1575 members in the final list of voters. Considering this, it is physically impossible to serve all such voters prior to the date of voting. Hence, the Petitioner will have to be left prwp10912-11.sxw 2 for invoking alternate remedy of an election petition under section 91 of the MCS Act, 1960 after the declaration of the results of the election. 4 However, since the dispute is in respect of 1575 members whose names are directed to be included in the final list of voters by the impugned order passed by the District Deputy Registrar, Co-operative Societies, Pune in his capacity as Returning Officer, it is directed that the said 1575 members will take part in the voting but their ballot papers will be kept separately and counted separately. However, the result of the elections will be declared after taking into consideration the votes cast by the said members. 5 Subject to the aforesaid direction and by leaving the Petitioner to adopt alternate remedy under section 91 of the MCS Act,1960, this Petition is disposed off. [G. S. GODBOLE, J.]