pvr 1 wp8113-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8113 OF 2010 Raghunath Hindurao Patil ...Petitioner vs. 1.The Principal, Kusumtai Rajarambapu Patil Kanya Mahavidyalay & ors. ...Respondents --- Mr.C.G.Gavnekar, for Petitioner. Mr.R.S.Khadpkar, for Respondent no.2. Mr.N.P.Deshpande, for Respondent nos.1 & 3. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 27th October, 2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2. The petitioner is making a grievance about deletion of his name from the Voters list pvr 2 wp8113-10 prepared for the election of members of Board of Studies in Physics from the Head of Departments in the affiliated colleges. According to the petitioner, he is working as Head of the Department of Physics from the year 1997 in Respondent no.1 College. He submits that at no point of time he is removed from that post and therefore, he is entitled to include his name in the Voters list. However, when the provisional voters list was published, as Head of the Department of Physics in Respondent no.1-College, the name of Respondent no.3 was included. Therefore, the petitioner raised objection. However, objection of the petitioner was rejected. Being aggrieved by that order, the petitioner is before this Court. None of the Respondents have been able to show any order made by any competent authority removing the petitioner from the office of the Head of Department of Physics from Respondent no.1 College. Obviously, therefore, as there is no vacancy, there is no question of Respondent no.3 pvr 3 wp8113-10 being appointed in that post, and therefore, there is no question of the name of Respondent no.3 being included as Head of the Department in the voters list. In our opinion, therefore, so long as the petitioner continues to hold the post as Head of the Department, his name has to be included in the list of voters. Hence, rule in this petition is made absolute in terms of prayer clause (a) and (aa). No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)