IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7443 OF 2008 PETITION NO.7443 OF 2008 PETITION NO.7443 OF 2008 Pandurang Dnyaneshwar Batwal & Ors. ...Petitioners V/s. District Election Officer, . @ District Deputy Registrar, . Co-operative Societies, Pune & Ors. ...Respondents Mr.P.S. Dani for the Petitioners. . Ms.P.S. Cardozo, AGP, for Respondent No.1. . Mr.A.B. Avhad for Respondent Nos.3 and 4. CORAM CORAM CORAM : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. DATE DATE DATE : 20TH NOVEMBER, 2008. : 20TH NOVEMBER, 2008. : 20TH NOVEMBER, 2008. P.C.: P.C.: P.C.: . Respondent Nos.2 and 5 though served have not appeared. . The Petition challenges the order dated 24th October, 2008 passed by the District Election Officer i.e. Respondent No.1 who is also the District Deputy Registrar for the Co-operative Societies, Pune. By this order, the Respondent No.1 has deleted the names of Petitioner Nos.1, 2 and 3 from the voter’s list of the Petitioner No.4-Society and instead included the names of Respondent Nos.3, 4 and 5. 2. A grievance is made by the Petitioners that this order was passed without issuing any notice to Petitioner Nos.1, 2 and 3. It is contended that the names of Respondent Nos.3, 4 and 5 have been deleted on account of the defaults committed by them in attending the Managing Committee’s meetings for a long period of time. 3. The learned Advocate for the Respondents submits that the Petitioners could approach the District Deputy Registrar under Rule 36(12) rather than have the impugned order being set aside. 4. It is a basic principle of law that whenever a party’s rights are going to be prejudicially affected, he must be heard. Admittedly no notice was issued to the Petitioner Nos.1, 2 and 3 before deleting their names from the voter’s list. 5. Accordingly, the impugned order is set aside. The parties will appear before Respondent No.1 at 3:00 p.m. on 21st November, 2008. No further notice need to be issued by Respondent No.1 in the matter. The Respondent No.1 shall hear and decide the complaints filed by Respondent Nos.3 and 4 by 24th November, 2008. 6. Writ Petition is disposed of accordingly.