1 wp5492-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5492 OF 2011 Shankar Babu Dubil & Anr. .. Petitioners V/s. Election Officer/Administrator of Adarsh Nagar Shramik Co-op. Housing Society & Ors. .. Respondents ..... Mr. Sampatrao A. Pawar for the petitioners. Mr. J. G. Reddy for respondent No.1 and 3. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 12, 2011. P.C.: Not on board. Taken on board. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent Nos.1 and 3. The grievance in the petition is that though objections were raised for inclusion of number of members in the provisional list of voters, the objections were not considered. It is contended that the names of some of the voters who are dead were included in the list of voters. It is also alleged that some of the members have sold the premises in their possession and their names were included in the list. 2 wp5492-11 3. The learned counsel appearing for the petitioners pointed out the various assertions were made in the reply filed by the respondents and in particular paragraph No.7 of the reply. He submitted that the allegations made therein are completely false. 4. In terms of the order of this Court dated 19th July, 2011, election has been already held. The ballot papers of the voters to whom objection was raised by the petitioners have been kept separately as is disclosed from the affidavit of reply. 5. Now after election is held, the issue of eligibility of the voters can be gone into only in appropriate proceedings which may be filed for challenging the result of the election. 6. A grievance was sought to be made that notwithstanding the ad-interim order of this Court, the result of the election was declared. In the affidavit of returning officer, there is a complete denial of the said averments. In any case, there is no material to show that any breach of the order has been committed. 7. Hence, this petition cannot be entertained and the same is disposed of by passing the following order: 3 wp5492-11 :: O R D E R :: i. The writ petition is rejected by keeping the remedy of the petitioners of challenging the result of the election open. ii. All contentions of the parties on merits are expressly kept open and no adjudication has made on rival allegations made by the parties. iii. Even after declaration of the result, the ballot papers of the voters in respect of whom objections were raised shall be kept in a separate ballot box. iv. It will be open for the petitioners to challenge the result of the election by filing appropriate proceedings. iv. There will be no order as to costs. (A.S.OKA, J.)