Deepak Ananda Patil And ORS. v. State Of Maharashtra Through Minister Of Co Operation, Marketing And Textiles Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 79 OF 2021 Shri. Deepak Ananda Patil and Ors.

... Petitioners V/s State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION (STAMP) NO. 80 OF 2021 Sou. Vanita Sachin Gaikwad and Ors.

... Petitioners V/s State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION (STAMP) NO. 81 OF 2021 Shri. Kuber Gunda Bhatmare and Ors.

... Petitioners V/s State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION (STAMP) NO. 82 OF 2021 Sou. Shakuntala Shivajirao Kadam and Ors.

... Petitioners V/s State of Maharashtra and Ors.

... Respondents Mr. Y.S. Jahagirdar, senior Advocate i/b Mr. Surel S. Shah, for the Petitioners in all the Petitions.

Mr. Vikas M. Mali, AGP for Respondents State in WP No. 79 of 2021. Mr. Y.D. Patil, AGP for Respondents-State in WP(St)No. 80 of 2021. Mr. A.A. Alaspurkar, AGP for Respondents-State in WP(St) No. 81 of 2021.

Mr. R.S. Pawar, AGP for Respondents-State in WP(St) No. 82 of 2021. Rekha Patil 1/3

CORAM : R. D. DHANUKA & V. G. BISHT, JJ.

DATE : 14TH JANUARY, 2021 PC:

Mr. Jahagirdar, learned senior counsel for the petitioners, states that no reliefs are sought against respondent nos. 3 to 9. Statement is accepted.

The only relief pressed by the learned senior counsel for the petitioner, at this stage, is the respondent no.1 be directed to hear and decide the Appeal described in terms of prayer clause (A) of these petitions.

Perusal of the order passed by respondent no.2 indicates that the large number of members are declared as ineligible to be members of the respondent no.2. In our view, these petitions can be disposed off by issuing direction to respondent no.1 to hear and decide the appeals filed by the petitioners within a reasonable time. We, accordingly, pass the following order.

(i) Respondent No.1 is hereby directed to dispose of the Appeals filed by the petitioners as per prayer clause (A) of the petitions within a period of four weeks from today.

(ii) The order passed by respondent no.1 shall be communicated Rekha Patil 2/3

to the petitioners and advocate within one week from the date of passing of such order.

(iii) Since large number of persons are declared as illegible to be members as per Section 11 of the Maharashtra Cooperative Societies Act, 1960, it would be also appropriate that respondent nos. 1, 2 and 10 are directed not to declare any election programme for the period of eight weeks from today. (iv) The petitioners are directed to remain present before Appellate Authority on 18th January, 2021 at 11-00 a.m. (v) The petitioners have agreed to communicate this order to the respondent nos. 3 to 9.

(vi) If the date given by this Court is not convenient to the appellate authority, an earlier date shall be given to the petitioners as well as respondent nos. 3 to 9 by giving 72 hours advance notice.

Writ Petitions stand disposed of accordingly. Parties to act on copy of this order duly authenticated by the Sheristedar of this Court .

(V. G. BISHT, J.) ( R. D. DHANUKA, J.) Rekha Patil 3/3