फोटो असलेली मतदार यादी वेबसाईटवर प्रसिद्ध करण्याचे न्यायालयाचे आदेश

फोटो असलेली मतदार यादी वेबसाईटवर 

प्रसिद्ध करण्याचे न्यायालयाचे आदेश

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.
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Bombay High Court
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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
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Bombay High Court
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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
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Bombay High Court
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 R1
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
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Bombay High Court
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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.