ata 1 914.wp.5316.11 jud IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5316 OF 2011 Mr. Bharat Bhagwan Pawar and Ors ...Petitioners vs. State of Maharashtra and Ors ...Respondents Mrs. Poonam P. Bhosale, for the Petitioner. Ms. M. S. Bane, AGP, for Respondent Nos.3 & 4. CORAM : A.S. OKA, J DATED : 4TH AUGUST, 2011 P.C.: Heard Learned Counsel for the Petitioners. The challenge in this Writ Petition is to inclusion of the names of Respondent Nos.7 to 163 in the final voters’ list published by the 3rd Respondent for the purposes of election of a Co-operative Society. The election is scheduled to be held on 7th August, 2011. As per the election programme annexed to the Petition, 7th July, 2011 was the date fixed for filing of nomination papers and 24th July, 2011 was the date fixed for declaration of list of validly nominated candidates. The submission of the Learned Counsel appearing for the Petitioners is that a provisional list of voters was never published, and therefore, the Petitioners had no opportunity to raise an objection to the list. The Learned Counsel appearing for the Petitioners relied upon letters dated 1st July, 2011 and 2nd July 2011 addressed to the Assistant Registrar. The Learned Counsel also relied upon the ata 2 914.wp.5316.11 jud communication dated 4th July, 2011 addressed to the Secretary of the concerned society. The submission of the Learned Counsel appearing for the Petitioners is that the ballot papers of the Respondent Nos. 7 to 163 be kept in a separate ballot box. The Learned Counsel appearing for the Petitioners relied upon the averments made in the rejoinder. 2 I have given careful consideration to the submissions. Admittedly, there is no case made out in the Writ Petition that the provisional list of the voters was not at all published. In the reply of 1st, 3rd and 4th Respondents , it is stated that the provisional list of the voters was published on 26th April, 2011 and time was fixed to submit objections to the said list upto 10th May, 2011. The final list of the voters was published on 22nd June, 2011. On 25th July, 2011, Writ Petition was permitted to be amended. Even in the amended Writ Petition, there is no contention raised that provisional list of the voters was never published. The Learned Counsel appearing for the Petitioner relied upon the letters dated 1st July, 2011 and 2nd July, 2011 sent by the Petitioners. Even in the said two letters, though there is a reference to the election programme, it is not contended that the provisional list of voters was not at all published. The said case is sought to be made out for the first time in the rejoinder dated 4th August, 2011. 3 Thus, the case that the provisional list of the voters was never published appears to be an after-thought. ata 3 914.wp.5316.11 jud 4 As the Petitioners did not raise any objection to the provisional list of voters, at this stage, the Petitioners cannot raise any objection to the final list of the voters. The election is scheduled dto be held on 7th August, 2011. 5 Hence, no case is made out for interference in the writ jurisdiction. However, remedy to the Petitioners of challenging the result of the election is kept open. ( A.S. OKA, J )