Bombay High Court

ANIKET RAJENDRAKUMAR SAWANTversusTHE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The court ordered the transfer of the petition’s record and proceedings to the Principal Seat at Bombay to ensure prompt resolution of the voting‑rights issue.

Summary

The petitioner, Aniket Rajendrakumar Sawant, filed a writ petition claiming that a delay in hearing would deprive him of his constitutional right to vote in the upcoming Maharashtra Legislative Council elections. The court noted that notices had been issued, with affidavits filed for respondents 3 and 4, while notice to respondent 2 remained unserved. The petitioner asserted that he had served the petition via email to respondent 6, but no service affidavit was filed, prompting the court to allow service to the standing counsel of respondents 2 and 6. Recognizing the urgency linked to the election, the court directed the registry to transfer the record and proceedings of the petition to the Principal Seat at Bombay for immediate action. The order is procedural, aiming to ensure timely adjudication of the voting‑rights issue.

Issues considered

Whether the petitioner’s right to cast a vote is being infringed by delay in hearing the petition
Whether proper service of notice has been effected on all respondents
Whether the petition should be transferred to the Principal Seat at Bombay for expeditious disposal

Subjects

voting rights
legislative council election
service of notice
transfer of proceedings
writ petition
constitutional right

Judgment

                                                            201-wp-41-2026.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    201 WRIT PETITION NO.41 OF 2026

                       Aniket Rajendrakumar Sawant
                                  VERSUS
      The State Of Maharashtra Through The Chief Secretary And Others

                                     ...
Aniket Rajendrakumar Sawant – petitioner-in-person.
Ms. N. B. Kamble, AGP for Respondent No.1/State.
                                     ...

                       CORAM : SMT. VIBHA KANKANWADI &
                                    HITEN S. VENEGAVKAR, JJ.
                          DATE : 04 MARCH 2026

ORDER :


.     The petitioner-in-person submits that if the petition is not taken up

early, his constitutional rights of casting vote in the upcoming elections

for Maharashtra Legislative Council would get affected.


2.    Here, the notices were issued to the respondents and as on today,

the affidavit has been filed on behalf of respondent Nos.3 and 4. Notice

of respondent No.2 has been returned unserved. The petitioner-in-person

submits that he had served the copy of the petition on the E-mail of

respondent No.6, however, service affidavit has not been filed. We permit

him to serve the copy of the petition to the standing counsel of

respondent No.2 and respondent No.6.


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                                                              201-wp-41-2026.odt


3.    As the matter ultimately pertains to the election of Maharashtra

Legislative    Council,   in   view    of   Administrative   Order    bearing

No.R(J-1)/732/2025 dated 05.12.2025, Registry is directed to take

immediate steps for transfer of the Record and Proceeding of this petition

to the Principal Seat at Bombay.



[ HITEN S. VENEGAVKAR ]                     [ SMT. VIBHA KANKANWADI ]
       JUDGE                                          JUDGE


scm




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