Ashtabhuja Nagari Sahakari Patsanstha , Through Its Chairman v. The State Of Maharashtra, Through Secretary And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.572 OF 2018 Ashtabhuja Nagari Sahakari Patsanstha, Through its Chairman ... Petitioner Vs The State of Maharashtra Through Secretary and Ors.
... Respondents ...
Mr. Vijay J. Shiktode for the Petitioner.
Mrs. Sushma Bhende, AGP for the Respondent Nos.1 to 4. CORAM : K. K. TATED & SANDEEP K. SHINDE JJ.
DATE : 5 SEPTEMBERS, 2018 P.C. :
Heard learned counsel for Parties.
By this Writ Petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking direction against the Respondent-State to hold election of the Petitioner-Society through the Co-operative Election Commission.
In the present proceedings, the Respondents filed affidavit dated 28.8.2018 giving schedule for holding election of Petitioner-Society on or before December, 2018. The said affidavit is Shivgan 1/3
taken on record.
The learned counsel for the Petitioner submits that in view of affidavit dated 28.8.2018 duly affirmed by Ashok M. Shambharkar, Auditor Grade-I, Co-operative Societies, Mumbai (North), he received instructions to withdraw the present Petition. He further submits that the Petitioner undertakes to provide financial assistance to the Respondents for holding election, if any, required by them. To that effect, Advocate for the Petitioner has given in writing. Same is taken on record and marked 'X' for Identification. Same is accepted.
Writ Petition stands disposed of as withdrawn with liberty to the Petitioner to take out appropriate proceedings in the case of any difficulty arises in the present matter. It is made clear that Respondents are restrained from disposing of the Petitioner's property till the charge is handed over to newly elected committee.
(SANDEEP K. SHINDE, J.) (K. K. TATED, J.) Digitally signed by Shambhavi Nilesh Shivgan Date:
2018.09.07 16:31:36 +0530 Shambhavi Nilesh Shivgan Shivgan 2/3
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