abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5876 OF 2008 Shamrao V. Panvalkar & Ors. .. Petitioners V/s District Election Officer, Ratnagiri & Ors. .. Respondents Mr.R.S. Datar for the Petitioners. Mrs.M.P. Thakur, A.G.P. for the Respondents. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & A.P. DESHPANDE, J. A.P. DESHPANDE, J. A.P. DESHPANDE, J. DATE : 22ND SEPTEMBER 2008 DATE : 22ND SEPTEMBER 2008 DATE : 22ND SEPTEMBER 2008 P.C. P.C. P.C. : 1. We have heard the learned counsel appearing for the parties. 2. The Petitioners in this petition under Article 226 of the Constitution of India prays for quashing and setting aside the order dated 16th July 2008 whereby the objections have been rejected and the election process is ordered to be valid. 3. The principal contention raised on behalf of the - 2 - Petitioners is that in terms of Rule 36(2) of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (for short "the said Rules"), the voters’ list has to be finalised at least 180 days prior to the date of notification, which has not been done in the present case, and the order also suffers from other infirmities. 4. On behalf of the State, which has filed a short reply, it has been stated that in terms of Sub-Rule (a) and (b) of Rule 38(2) of the said Rules cut off date for the eligible voters of all eligible Village Panchayats, Multipurpose Cooperative Societies, etc. is provided. The Petitioners Nos.1 and 2 are not included in the list of eligible voters as they do not satisfy the condition stated in Rule 38(2)(b) of the said Rules. According to them, no objection was raised by the Petitioners at the appropriate time and as such there is no reason for this Court to interfere once election process is started. 5. The order which was issued by the Competent Authority on 10th June 2008 has published an election programme and it was stated that the draft list of voters will be put up on the notice board on 11th June 2008 and the last date for submitting any objection was stated to be 10th July 2008. The date for final list of voters was 22nd July 2008 whereafter the election was to - 3 - be held as per the prescribed rules. The Petitioners, on the last date of submission of objections i.e. 10th July 2008, filed some objections and did not raise any other pleas which have been raised in the present petition. Except the plea with regard to publication of voters’ list 180 days prior to the date of notification for the election, all other pleas have been raised for the first time in the writ petition. 6. Be that as it may. It is noteworthy that at the end of their letter dated 10th July 2008 recording objections, the Petitioners have stated about various festivals in the State of Maharashtra and the rainy season as follows:- ". If it will be done accordingly, above objection will be achieved and at the same time after avoiding present monsoon season, season of farming, agriculture work of farmers and important festivals of Gouri Ganpati, Dasara Diwali, election can be conducted without any interruption during the months of December- January. . It is being requested that after accepting said request, we be informed immediately." - 4 - The basic prayer was primarily to postpone the election which the authorities did not accede to. As far as the period of 180 days is concerned, it has been so stated in the language of Rule 36(2) of the said Rules, but proviso thereto clearly vests the Collector or the District Deputy Registrar, as the case may be, to permit publication of the notification and the list at any other time before any general election is due. It is not in dispute that election of the Respondent No.4 Committee has been notified and that voters are to exercise their votes on 28th September 2008. We see no reason to interfere as the election process has already started. The writ petition has no merit and the same is dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.