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Bombay High CourtWP/407/2024disposed off

Ravindra Ramchandra Mangore v. Taluka Co-Operative Election Officer Nee Assistant Registrar Cooperative Societies (Milk) And ORS

2024-01-12Hon'Ble Shri Justice Amit Borkar2 pages

902-wp407-2024.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.407 OF 2024 Ravindra Ramchandra Mangore ... Petitioner V/s.

Taluka Cooperative Election Officer nee Assistant Registrar Cooperative Societies (Milk) & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.01.12 17:34:53 +0530 SHABNOOR AYUB PATHAN Mr. Sandeep Koregave for the Petitioners.

Ms. Pooja Deelip Patil i/by Mr. Deelip Patil, Banker Chief Standing Counsel for SCEA, for Respondent No.1. Mr. P. G. Sawant, AGP, for State/Respondent Nos.2 & 3. Mr. Ruturaj Pawar, for Respondent No.4.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 12, 2024 P.C.:

1.

The petitioner is challenging order dated 20 December 2023 thereby illegal addition of 112 members in the voters list published by respondent No.1.

2.

The objections raised by the petitioner is that the persons whose names were added in the voters list, they are not supplying milk to respondent No.4/society. Though they are ineligible to enter their names in the voter list.

3.

Considering the final voters list which has already published,

902-wp407-2024.doc the scope of inquiry under Rule 11 of the Maharashtra Cooperative Societies Election Rules, 2014 does not extent to adjudicate eligibility of all members enrolled by the society, such power is available to the Registrar under Section 11 of the Maharashtra Co-operative Societies Election Rules,2014. Based on the material produced by the society that the said members were validly enrolled and are eligible for voting. The Election Officer has refused to accept the objection. Hence, there is no legal infirmity in the order. The writ petition stands disposed of. 4.

All contentions raised by the objectors before the Returning Officer is kept open to be agitated before appropriate forum under the provisions of the Maharashtra Cooperative Societies Act, 1960. (AMIT BORKAR, J.)