WP/10730/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10730 OF 2010 SHANKAR RAMKISHAN AADSUL VERSUS STATE OF MAHARASHTRA AND OTHERS ... Advocates appearing for Petitioner : Shri V.D.Salunke, Respondents 1 to 3 : Shri N.B.Patil, AGP Respondent 5 : Shri V.D.Hon ... CORAM : B.R.GAVAI & R.M.BORDE, JJ. Dated : December 10, 2010 PER COURT :- 1. Heard learned counsel for the respective parties. 2. In view of the view of the Division Bench of this Court in Writ Petition No.6252 of 2006 (Mohanrao Anandrao Munde Vs. State of Maharashtra - reported in 2006(6) Mh.L.J. 813) decided on 20.9.2006, to which one of us (R.M.Borde,J.) was a party, once the election process is set in motion, it will not be appropriate for this Court to interfere in the election process and that the preparation of the voters list is also a part of the election process, we are not inclined to entertain the present Writ Petition in exercising extra ordinary jurisdiction under Article 226 of the Constitution of India. 3. In the said judgment in the case of Mohanrao Anandrao Munde (supra) in paragraph No.13, reliance has been placed on the observations of WP/10730/2010 2 the Supreme Court and to quote; "13. Reliance is placed on a judgment reported in 2002(1) Mh.L.J. (S.C.) 659 = AIR 2001 SC 3982 in the matter of Shri Sant Sadguru Janardan Swami (Moingir Maharasj) Sahakari Dugdha Utpadak Sanstha, and another vs. State of Maharashtra and others. The Apex court, was, in the aforesaid judgment dealing with an aspect relating to preparation of electoral roll of a specific society. It is observed, in the reported judgment : "Chapter XIA was enacted and the rules were framed specially to deal with the election of the specified societies under Section 73G of the Act, section 144X provides that various stages of election shall also include preparation of the list of voters. Once the statute provides that the preparation of the voters list shall be part of the election process, there is no reason to hold that the preparation of the electoral roll is not an intermediate stage in the process of the election of a specified society. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. From the scheme of the Act and Rules it is clear that the preparation of voters list is a part of the election process for WP/10730/2010 3 constituting managing committee of a specified society. The writ petition challenging the order declaring the election schedule on ground of illegality in preparation of voters list would therefore be not maintainable." The Honourable Apex Court has further observed: "Since preparation of the electoral roll is an intermediate stage in the process of election of the Managing Committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality of breach of rules while preparing the electoral roll." In view of the authoritative pronouncement of the Honourable Supreme court, it is clear that once the election process, having been set in motion, it was not proper for the authorities to stay the ongoing process of election" 4. Writ Petition stands rejected. No order as to costs. (R.M.BORDE,J.) (B.R.GAVAI, J.) ... akl