1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. PUBLIC INTEREST LITIGATION NO.:27 OF 2011 *** Prashant Subhash Desarda VERSUS The State Of Mah And Ors *** Mr. D. P. Palodkar, Advocate h/f Mr. A P Phatale, Advocate for Petitioner Mr. K. M. Suryawanshi, A.G.P. for Respondent No.1. Mr. S. T. Shelke, Advocate for Respondent Nos.3 and 5. Mr. U. S. Malte, Advocate for Respondent No. 4. Mr. B. S. Shinde, Advocate h/f Mr. V. P. Latange, Advocate for Respondent No.5. Mr. P. V. Mandlik, Senior Counsel for Mr. A. S. Gandhi, Advocate for Respondent No.6. *** WITH PUBLIC INTEREST LITIGATION NO.:30 OF 2011 *** Kaisaroddin Haji Zahiroddin VERSUS The State Of Mahrashtra And Ors *** Mr. Palodkar Deodatt P., Advocate for Petitioner Mr. K. M. Suryawanshi, A.G.P. for Respondent No.1. Mr. S. T. Shelke, Advocate for Respondent No. 3. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Mr. U. S. Malte, Advocate for Respondent No. 4. Mr. B. S. Shinde, Advocate h/f Mr. V. P. Latange, Advocate for Respondent No.5. Mr. P. V. Mandlik, Senior Counsel for Mr. A. S. Gandhi, Advocate for Respondent No.6. *** 1. These two public interest litigations are filed for similar prayers. The prayers made in the writ petition read thus: [3] The Hon'ble High Court may be pleased to issue appropriate writ, order or direction in the nature of writ and thereby direct the respondent No.3 to publish Photo Electoral Rolls (Voters List) in the all ensuring elections of all local bodies/ urban local bodies in the State of Maharashtra. The respondent No.2 may be directed to provide the necessary data to the Respondent No.3 for the same. [4] The Hon'ble High Court may be pleased to issue appropriate writ, order or direction in the nature of writ and thereby quash and set aside the "said tender" issued by the respondent No.3 in favour of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. respondent No.7 which is described in detail in para D (4) of the petition (Annexure D). 2. Learned counsel for the Election Commission submits that so far they have not issued work order in favour of either Respondent No.6 or any other successful bidder. His statement is accepted. In view thereof, in our opinion, prayer clause [4] does not survive and disposed of as such. 3. Insofar as prayer clause [3] is concerned, in reply thereto, the Respondent/ Election Commission, in para 10 (a) of their reply affidavit has stated, thus: "a) The voter lists being prepared are along with the photographs of voter as are available. The Election Commission of India through its Chief Electoral Officer, Maharashtra State, has informed by communication dt. 14th June, 2011 that the data of photo electoral rolls in MSSQL format of all 288 Assembly Constituencies has been 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. provided. Hereto annexed and marked at Exhibit R-1 is the true and correct copy of the said communication. The said data will be used in the ensuing elections." 4. Having considered the statements made on affidavit in para 10 (a), in our opinion, it takes care of the apprehension expressed by the petitioner in the writ petition. In fact, the averments in the affidavit and more particularly in paragraph 10 (a) thereof satisfy prayer clause [3] also. Learned counsel for the Petitioner also does not dispute this position. The statements made in paragraph 10 (a) are accepted. We hope Respondent No.3 will publish photo electoral rolls (voters list) as stated in paragraph No.10 (a) of their reply affidavit. It is needless to mention that they shall make this clear to the successful bidder in the work order itself that he/ they will have to print/ place on website the photo electoral 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. rolls in the manner prescribed by the election commission. With these observations both the writ petition stands disposed of. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:27/07/2011. ans/27