MUMBAI: The Bombay high court division bench of Justice Ajay Khanwilkar and Justice R Ganoo on November 2 held that names of people who have migrated from one gram panchayat to another cannot be deleted from the first one.
The HC order came in response to a petition filed earlier this year by one Narendra Thorat against the Collector, Pune, The Returning Officer, Daund, District Pune, Tahasildar, State Election Commission, Maharashtra State, Mumbai, State of Maharashtra and Grampanchayat, Nandur, Taluka, Daund as well as the Election Commissuion of India andChief Election Officer Debashi Chakraborty. The objection was that names were not deleted from the voting list despite migration and death of several people.
The HC after hearing the matter said that the " provisions of Section 12 of the Bombay Village Panchayat Act, 1958 read with Rule 3 of the relevant Rules does not expressly provide for the exclusion of the names of people who are dead or for that matter those who have migrated from one Gram Panchayat to the other."
The Court also observed that in view of the notification for the Election being issued on October 31, 2012, it is improper for the Court to interfere in the petition. Pradeep Rajgopal counsel for Election Commission said there was no circular to delete such names.
The Court added that if the Petitioner is aggrieved by the exclusion of the names of the group of people as stated herein above, they will have to take appropriate steps in accordance with law.
The issue involved a voters list prepared for the legislative seat of Daund . Thorat said the list was prepared as per provisions of The Bombay Village Panchayat Act for the Maharashtra Legislative Assembly. Nearly 177 people had shifted from one village for over 20 years and around 40 had died yet their names were not deleted.
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