1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO.2762 OF 2009 IN W.P.NO.4224 OF 2009 (D) Makbul Hussain Khurshid Hussain and others ..vs.. Sk.Usman Sk.Gulzar and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 22nd December, 2009. 1. Heard Mr.R.L.Khapre, learned counsel for the applicants, Mr.F.T.Mirza, learned counsel for respondent nos.1, 6 and 7 and Mr.M.D.Ateeque, learned counsel for respondent nos.2 to 5. 2. Read the order dated 19/11/2009. Respondent no.6 was directed to prepare the list of the voters and the petitioner was supposed to take the objection with regard to the same. It was further directed that the Election Officer shall not enroll any member and after finalisation of the voters list he was directed to conduct the elections in the matter. Accordingly, before the process of elections could be 2 finalized and undertaken, it appears that Advocate Shri Jahagir Khan informed his inability to conduct the elections. As a result of this, Shri Shaikh Advocate came to be appointed as Election Officer by respondent no.6. The petitioner had contended that it was not possible for him to raise any objections with regard to the voters list because no record was available with him. It was, therefore, contended by him that the record should have been handed over to him. When the matter came up before the court on 19/12/2009, the parties were directed to make a statement before the court as to how the record has gone in the custody of the Election Officer. Accordingly, an affidavit has been placed today before me. The said affidavit is sworn by Rizwan s/o Taslimbeg Mirza, Regional Wakf Officer. He has stated in the said affidavit that the record has been handed over to the Election Officer. The Election Officer Shri Shaikh is present in-person in the court. Advocate Shri Shaikh hands over the list of the documents which were handed over to him. After having gone through the said list of documents, Mr.Khapre, learned counsel for the applicants, submits that his clients would like to verify all the documents mentioned in the list. Shri Shaikh undertakes to make all these documents available. After having gone through the orders passed by this 3 court as well as the Wakf Board, it is apparent that the charge is required to be handed over to the petitioner. In view of this, it is directed now that Shri Shaikh Advocate shall handover the entire documents to the petitioner. While handing over those documents, Shri Shaikh shall retain with him the copies of those documents which he will hand over to the petitioner. Thereafter Shri Shaikh shall prepare list of voters and parties shall file objections to the list if it is not found to be correct. These objections shall be finalized thereafter. The election programme as given in Margadarshika annexed to this application shall be scrupulously followed by effecting a change in the dates only. Said election process shall come into effect from 23rd of December, 2009. The list should be finalized by the Election Officer in accordance with the directions given by Hon’ble Shri Justice Dharkmadhikari in his order dated 19/11/2009. JUDGE. chute