Bombay High Court
WP/15993/2023 of SUBHASH SHYAMNARAYAN YADAV AND ANR Vs THE STATE OF MAHARASHTRA THROUGH ITS DEPT. OF LAW AND JUDICIARY AND ORS on 27 December 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15993 OF 2023 Subhash Shyamnarayan Yadav & Anr …Petitioners Versus State of Maharashtra through its Department of Law and Judiciary & Ors …Respondents Mr Pramod N Patil, with Ajit Hon,
Wadhwa
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONWRIT PETITION NO. 15993 OF 2023
Subhash Shyamnarayan Yadav & AnrVersus
State of Maharashtra through its Department ofLaw and Judiciary & Ors …Petitioners …Respondents Mr Pramod N Patil, with Ajit Hon, i/b PNP & Associates, for the Petitioners.Mr MC Walimbe, AGP, for Respondents Nos. 1 & 3.Mr Devidas B Bhanage,Election Officer, Respondent No. 4-present.
PC:-
CORAM Kamal Khata &Jitendra S Jain, JJ.DATED: 27th December 2023(Vacation Court)
1. Mr Devidas B. Bhanage, Respondent No. 4 is present beforethe Court. He fairly submits that he has not given a hearing to thePetitioners for the objections raised in their letter dated 18thDecember 2023. He submits that the ballot papers have alreadybeen printed.
2. In response to this, the Petitioners submits that theapplication for awarding the common symbol was made by 9applicants on 15th December 2023.
3. On 18th December 2023, they discovered that two of thePetitioners were excluded from the list tendered on 15th December2023 whilst allotting the common symbol. In fact, whilst seven (7)of the nine (9) applicants were allotted the ‘Autorickshaw’ symbolthe two (2) Petitioners were allotted two other symbols namely,‘Balloon’ and ‘Almari’ as particularly stated at item Nos. 28 and 29at page 53 of the Petition.
4. Having heard all concerned, we see no prejudice whatsoeverbeing caused to any party if the ballot papers are to be reprinted.We are informed that the ballot papers have not yet beendistributed.
5. In view thereof, the Respondents are directed to reprint theballot papers and thereafter distribute the same. It must be borne inmind that the Petitioners should be granted the symbol of‘Autorickshaw’ as applied for by them in their application of 15thDecember 2023 chronologically. The list at Exhibit ‘J’ willnecessarily be required to be changed in that regard, in the samemanner.
6. With the aforesaid directions, the Petition is disposed of.
7. No orders as to costs.
8. Parties to act on an authenticated copy of this order.
(Jitendra S Jain, J)
(Kamal Khata, J)
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