Case Note & Summary
The petitioner approached the High Court by way of a writ petition under Article 226 of the Constitution of India, challenging the legality of the draft voters list prepared for the traders' constituency of the Krushi Utpanna Bazar Samiti, Basmat, and the order of the District Deputy Registrar of Cooperative Societies dated 20th February 2009 disposing of objections to the inclusion of certain names. The term of the market committee had expired in November 2006 and was extended up to 30th September 2008, but no further extension was granted, yet the existing committee continued to manage affairs. The petitioner alleged that the voters list included persons who were ineligible as they neither resided in the area nor carried on business during the relevant period, as evidenced by non-payment of market fees. The petitioner had raised objections before the Assistant Registrar earlier regarding 113 license holders, of which 13 were cancelled, but the rest were upheld. Later, when the draft voters list was published on 18th December 2008, the petitioner filed objections to 10 specific names, relying on information obtained under the Right to Information Act about non-payment of market fees and absence of shops under the Mumbai Shops and Establishments Act. The District Deputy Registrar vide a common order dated 20th February 2009 upheld objections only in respect of 6 names, finding that the remaining 203 traders had satisfied all formalities for license renewal and fee payment. Aggrieved, the petitioner filed the writ petition and civil applications seeking to set aside the voters list and the order. The High Court issued Rule and with consent of parties heard the matter finally at the admission stage. After recording the factual background as narrated by the petitioner, the judgment excerpt ends abruptly, and the final decision is not included in the provided text.
Issue of Consideration
WRIT PETITION NO.4783 OF 2009
Case Details
2010 LawText (BOM) (02) 20
Writ Petition No.4783 of 2009 with Civil Application Nos.1502 of 2010, 1503 of 2010, 1966 of 2010, 1969 of 2010, 1971 of 2010, 1973 of 2010
A.M. Khanwilkar, S.S. Shinde
S.B. Talekar, V.H. Dighe, S.V. Adwant, V.D. Salunke, C.V. Korhalkar, A.S. Deshpande, A.D. Shinde
State of Maharashtra & Others
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Nature of Litigation
Writ petition challenging inclusion of certain persons in draft voters list for traders' constituency of Krushi Utpanna Bazar Samiti, Basmat
Remedy Sought
Petitioner sought to quash the draft voters list and the order dated 20th February 2009 of the District Deputy Registrar, and to exclude ineligible persons from the list
Filing Reason
Petitioner believed the voters list included persons ineligible as they were not doing business or residing in the area and had not paid market fees
Previous Decisions
Assistant Registrar cancelled licenses of 13 out of 113 objected traders; District Deputy Registrar sustained objections only for 6 out of 209 names, holding remaining 203 traders had completed formalities
Issues
Whether the inclusion of 10 named persons in the draft voters list for traders constituency was valid despite them not being residents or doing business in the area of operation
Whether the District Deputy Registrar's order dated 20th February 2009 correctly decided the objections
Submissions/Arguments
Petitioner argued that 10 persons were ineligible as they were not residents, had no shops, and did not pay market fees, relying on RTI information and letters from Municipal Council and Market Committee
Judgment Excerpts
The Petitioner claims to be a trader, being a commission agent. He has a shop in the market yard of the Respondent No.5 Krushi Utpanna Bazar Samiti, Basmat.
The Assistant Registrar, by his communication dated 9th May, 2008 informed the Petitioner that after due enquiry, it has been found that out of the 113 license holders, only 13 license holders were ineligible and for which reasons their licenses have been cancelled by the Respondent No.5 Committee by order dated 1st April, 2008.
Procedural History
Term of the market committee expired in November 2006, extended up to 30th September 2008; committee published list of 327 members on 12th August 2006; Petitioner objected to renewal of licenses of 113 members; Assistant Registrar cancelled 13 licenses on 1st April 2008; Draft voters list published on 18th December 2008; Petitioner filed objections on 30th December 2008 and sought RTI information; District Deputy Registrar passed order on 20th February 2009 rejecting most objections; Petitioner filed writ petition in 2009; High Court issued Rule and heard finally on 22nd February 2010.
Acts & Sections
- Right to Information Act, 2005:
- Mumbai Shops and Establishments Act, 1948:
