1 W.P.No.9831.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9831 OF 2010 Ramchandra Sadoba Khopade & ors. ... Petitioners v/s The State of Maharashtra & ors. ... Respondents Mr.P.S.Dani for the petitioners. Mr.S.D.Rayrikar for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND DECEMBER, 2010 P.C.: 1. Rule made returnable forthwith by consent. 2. The orders challenged in this petition have been passed on 3.12.2010 by respondent No.2. 3. The petitioners are members of the Ambade Vividh Karyakari Seva Sahakari Society Ltd. The elections for this Society are scheduled on 25.12.2010. There are two constituencies having separate voters’ lists for each 2 W.P.No.9831.10 constituency. These constituencies are, (i) non-borrowers’ constituency and (ii) borrowers’ constituency. Those members who availed of loans from the Society after the last election which was held in the year 2005, are included in the ‘’borrowers’ constituency’’. 4. The petitioners contend that they applied for loans well before the current election programme was declared. However, the loans were disbursed to them only on 19.11.2010 and 3.12.2010. The petitioners’ names have been included in the voters’ list for the ‘’non-borrowers’ constituency’’. According to them, they will not be entitled to vote for the ‘’non-borrowers’ constituency’’ because they have availed of loans. They contend therefore that their names should be included in the voters’ list for the ‘’borrowers’ constituency’’. Accordingly they had applied to respondent No.2 to delete their names from the ‘’non- borrowers’ category’’ and to include their names in the voters’ list for the ‘’borrowers’ constituency’’. However, by the impugned orders respondent No.2 has rejected their applications. Hence the present petition. 5. An affidavit has been filed by respondent No.2 contending that he has no authority to change the voters’ list once the election programme has been declared. However, 3 W.P.No.9831.10 he has conceded in his affidavit that the petitioners can no longer be termed as non-borrowers since loans which have been disbursed to each of them have been received by them. Respondent No.2 has further averred that the final programme for holding elections was published on 20.11.2010 and, therefore, the petitioners should not be permitted to disturb the voters’ list at this stage. 6. It appears that the term of the Managing Committee of the Society came to an end in the month of April, 2010. An administrator was appointed over the affairs of the Society on 27.9.2010 as elections were not held by the Society. The administrator took charge of the affairs of the Society on 11.10.2010. The elections were notified on 13.10.2010 after receiving the original voters’ list from the administrator on 12.10.2010. The petitioners had already applied for loans before the elections were notified on 13.10.2010. However, their names at that point of time were included in the provisional voters’ list for the ‘’non-borrowers’ category’’. With the passage of time, loans have been disbursed to them on 19.11.2010 and 3.12.2010. Therefore, the petitioners would not be entitled to vote in the ‘’non-borrowers’ category’’. However, their right to exercise their franchise in these elections would be defeated if their names are not included in the voters’ list for the ‘’borrowers’ category’’. 4 W.P.No.9831.10 7. It is true that normally this Court would not interfere when the election programme has been set afoot. However, in the peculiar circumstances in the present case, it would be necessary for this Court to exercise its writ jurisdiction and rectify the injustice which would be caused to the petitioners if the impugned orders are not set aside. If the impugned orders are not set aside, the petitioners would not be able to cast their votes in either of the constituencies. In any event they do not wish to contest the elections. 8. In these circumstances, in my opinion, it would be necessary to set aside the impugned orders. 9. The writ petition is, therefore, allowed. 10. Rule made absolute in terms of prayer clause (a). The names of the petitioners shall be included in the voters’ list for the ‘’borrowers’ constituency’’ immediately and they shall be entitled to vote at the elections scheduled on 25.12.2010. Parties to act on an authenticated copy of this order. ..... 5 W.P.No.9831.10