B.P. Dharmadhikari, J. - (1.)Considering the orders passed earlier and the nature of controversy, we have heard the matter finally by issuing Rule and making it returnable forthwith, with consent of parties.
(2.)Two petitioners in Public Interest Litigation seek a direction to respondents to act upon the enquiry reports dated 10.08.2017 and 23.08.2017, and reports of Second enquiry dated 06.09.2017, 07.09.2017 and 08.09.2017. Accordingly, they seek deletion of names of certain person from the electoral roll prepared under Section 12 of the Maharashtra Village Panchayat Act, 1958 (hereinafter referred to as "the 1958 Act" for short). These rolls were then prepared for elections of Village Panchayats of Tarodi, Kem, Chikna, Aadka, Mahalgaon and Jakhegaon.
(3.)This Court has on 14.09.2017, issued notice in the matter and thereafter, on 29.09.2017, while granting request made by respondents, subjected result of elections to further orders of the Court in this Public Interest Litigation. Date 29.09.2017 happened to be the last date for submission of the nomination papers and polling was scheduled on 16.10.2017. We, in that order, have taken note of a fact that all persons likely to be affected by our orders were not parties to the Public Interest Litigation and hence, with this order, we adjourned the matter to 01.11.2017. Accordingly, the elections have been held and when the matter was considered further, during arguments a question arose - Whether because of omission on the part of respondents to remove names from voters list, said elections were materially affected ?