Case Note & Summary
The petitioner, Sandeep Maruti Raskar, a former councilor of Alandi Municipal Council, filed a writ petition under Article 227 of the Constitution challenging an order dated 6 November 2025 passed by the District Collector/District Election Officer, Pune, dismissing his appeal under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960. The petitioner's name was deleted from the electoral roll of Alandi Municipal Council on 30 December 2023 by the Booth Level Officer without notice to him. The petitioner had earlier filed applications in Form No.7 on 22 November 2021 seeking deletion of his name from the rolls of Bhosari Legislative Assembly Constituency and Khed Municipal Council, and retention in Alandi. On 30 September 2025, the State Election Commission announced elections, and the voter list for Alandi was published on 8 October 2025, where the petitioner found his name missing. He applied for inclusion on 10 October 2025, but was rejected on 13 October 2025 on the ground that the draft voters list was based on the Assembly roll as of 1 July 2025, and his name was not in that roll. The petitioner initially filed Writ Petition No.14116 of 2024, which was withdrawn with liberty to appeal. The appeal before the District Election Officer was dismissed. The High Court held that the appeal under Section 24 of the RP Act, 1950 was not maintainable for municipal electoral rolls, as the municipal elections are governed by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The Court also noted that the petitioner had an alternative remedy by way of a substantive petition under Article 226, which he did not pursue. The petition was dismissed, but the Court clarified that the dismissal would not preclude the petitioner from filing a substantive petition under Article 226.
Headnote
A) Municipal Law - Electoral Rolls - Maintainability of Appeal - Section 24 Representation of the People Act, 1950 - The appeal under Section 24 of the RP Act, 1950 is not maintainable for deletion of name from municipal electoral rolls, as the municipal rolls are governed by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the rules framed thereunder. The District Election Officer had no jurisdiction to entertain the appeal. (Paras 8-10)
B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 227 of the Constitution of India - The High Court declined to exercise writ jurisdiction under Article 227 as the petitioner had an efficacious alternative remedy by way of a substantive petition under Article 226 of the Constitution, which was not availed. The petition was dismissed on the ground of availability of alternative remedy. (Paras 11-12)
C) Election Law - Deletion of Name - Notice - Booth Level Officer - The deletion of the petitioner's name by the Booth Level Officer on 30 December 2023 was based on the fact that the petitioner's name was not found in the Assembly electoral roll for the Alandi constituency as of 1 July 2025. The Court noted that the petitioner had earlier sought deletion from other rolls, and the deletion was not arbitrary. No notice was required as the deletion was based on official data. (Paras 3-5, 13)
Issue of Consideration
Whether the appeal under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960 was maintainable against deletion of name from municipal electoral roll, and whether the deletion was valid.
Final Decision
The High Court dismissed the writ petition, holding that the appeal under Section 24 of the Representation of the People Act, 1950 was not maintainable for municipal electoral rolls, and that the petitioner had an alternative remedy under Article 226 of the Constitution. The Court clarified that the dismissal would not preclude the petitioner from filing a substantive petition under Article 226.
Law Points
- Electoral roll for municipal elections governed by Maharashtra Municipal Councils Act
- 1965
- not Representation of the People Act
- 1950
- Appeal under Section 24 of RP Act
- 1950 not maintainable for municipal rolls
- Remedy lies under Article 226 of Constitution
- No notice required for deletion by Booth Level Officer if based on official data
- Petitioner failed to show name in Assembly roll for Alandi constituency.
Case Details
2025 LawText (BOM) (11) 340
WRIT PETITION NO.15215 OF 2025
Mr. Vineet Naik, Sr. Advocate i/by Mr. Nikhil Adkine, Mr. Mahadji Phalke, Mr. Avinash Bailmare, Mr. Shubham B. Chaudhari, Mr. Somnath Kale, Mr. Sukand Kulkarni, for Petitioner. Mrs. Neha Bhide, Govt. Pleader with Mrs. Vrishali Raje, AGP for State. Mr. S.B.Shetye, for Respondent No.3. Mr. Akshay Shinde, for Respondent No.5.
District Magistrate cum District Election Officer and Ors.
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Nature of Litigation
Writ petition under Article 227 of the Constitution challenging the order of the District Election Officer dismissing the petitioner's appeal against deletion of his name from the municipal electoral roll.
Remedy Sought
The petitioner sought quashing of the order dated 6 November 2025 and direction to include his name in the electoral roll of Alandi Municipal Council.
Filing Reason
The petitioner's name was deleted from the electoral roll of Alandi Municipal Council by the Booth Level Officer without notice, and his subsequent application for inclusion was rejected.
Previous Decisions
The petitioner initially filed Writ Petition No.14116 of 2024, which was withdrawn with liberty to file an appeal. The appeal before the District Election Officer was dismissed on 6 November 2025.
Issues
Whether the appeal under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960 was maintainable against deletion of name from municipal electoral roll.
Whether the deletion of the petitioner's name from the electoral roll was valid and in accordance with law.
Whether the High Court should exercise its writ jurisdiction under Article 227 when an alternative remedy under Article 226 is available.
Submissions/Arguments
Petitioner argued that the deletion was without notice and in violation of principles of natural justice, and that the appeal was maintainable under Section 24 of the RP Act, 1950.
Respondents argued that the appeal was not maintainable as the municipal electoral roll is governed by the Maharashtra Municipal Councils Act, 1965, and not the RP Act, 1950. They also contended that the petitioner had an alternative remedy under Article 226.
Ratio Decidendi
The appeal under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960 is not maintainable for deletion of name from municipal electoral rolls, as the municipal elections are governed by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The High Court declined to exercise writ jurisdiction under Article 227 as the petitioner had an efficacious alternative remedy under Article 226.
Judgment Excerpts
By this Petition under Article 227 of the Constitution of India, the Petitioner assails the legality, propriety and correctness of an order dated 6 November 2025 passed by the District Collector / District Election Officer, Pune, in Appeal No.1 of 2025, whereby the appeal preferred by the Petitioner purportedly under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960, came to be dismissed.
The appeal under Section 24 of the Representation of the People Act, 1950 is not maintainable for municipal electoral rolls, as the municipal elections are governed by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Procedural History
The petitioner filed an application for deletion of his name from the electoral rolls of Bhosari and Khed on 22 November 2021. On 30 December 2023, the Booth Level Officer applied for deletion of his name from Alandi roll, which was done without notice. On 30 September 2025, elections were announced. On 8 October 2025, the voter list was published. On 10 October 2025, the petitioner applied for inclusion, which was rejected on 13 October 2025. The petitioner then filed Writ Petition No.14116 of 2024, which was withdrawn with liberty to appeal. He filed an appeal before the District Election Officer, which was dismissed on 6 November 2025. The present writ petition was filed on 12 November 2025.
Acts & Sections
- Representation of the People Act, 1950: Section 24
- Registration of Electors Rules, 1960: Rule 23
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965:
- Constitution of India: Article 227, Article 226
