jpc 1 wp9057-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9057 OF 2011 Ashok Vyankatesh Konda ... Petitioner Versus The State of Maharashtra and others ... Respondents Mr. V. B. Naik a/w Mr. Sarang B. Aradhye for the Petitioner Mr. R. M. Patne, AGP for Respondent Nos. 1 and 2 Mr. R. V. Govilkar i/by Mr. Suhash Inamdar for respondent No.4 CORAM: R. M. SAVANT, J. DATED : 16th November, 2011 P.C. : 1. The issue involved in the above petition is as regards the wrongful inclusion of 875 persons in the voters list. The petitioner impugns the order dated 24th October, 2011 passed by the District Deputy Registrar, by which the objection of the petitioner to the inclusion of the said 875 persons has been overruled. The order discloses that the said 875 persons have been enrolled as members in the meeting of Board of Directors dated 30th March, 2009 and that the necessary compliances in respect of membership have been done by the said 875 persons. 2. The grant of membership to the said 875 and their inclusion in the final list of overs is sought to be challenged on various grounds but especially having regard to the findings recorded in the Test Audit jpc 2 wp9057-11.sxw Report dated 15th February, 2010 in which report, according to the learned counsel for the petitioner there is serious indictment of the Board of Directors in respect of the membership granted to the said 875 persons. 3. In so far as the impugned order is concerned, the learned counsel Mr. Naik would contend that in the light of the Test Audit Report, at least a bare minimum of reasoning by adverting to the findings of Test Audit Report was expected from the authority whilst deciding the objections of the petitioner. An issue is, therefore, raised as regards the membership granted to the said 875 persons. In my view, the said aspect cannot be gone into at this stage whilst challenging the final list of voters and would have to be gone into in appropriate proceedings filed for the said purpose. The said 875 members cannot be excluded on the basis of the Test Audit Report at this stage as it would have the effect of dismembering them. As members who are entitled to vote, they are entitled to participate in the ensuing election, voting for which is to take place on 11th December, 2011 as per the election programme. Hence by leaving the question of challenge to the membership of 875 persons open, the above petition would have to be dismissed and is accordingly dismissed. (R. M. SAVANT, J.)