Kolhapur Zilla Dudh Utpadak Sanstha Maryaditt, Kolhapur Through Officer R.B. Patil v. District Cooperative Election Officer Also Deputy Divisional Registrar Co. Soc. Dairy Pune And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1230 OF 2020 WITH WRIT PETITION NO.1231 OF 2020 WITH WRIT PETITION NO.1232 OF 2020 WITH WRIT PETITION NO.1233 OF 2020 WITH WRIT PETITION NO.1234 OF 2020 WITH WRIT PETITION NO.1235 OF 2020 WITH WRIT PETITION NO.1238 OF 2020 WITH WRIT PETITION NO.1239 OF 2020 Kolhapur Zilla Dudh Utpadak Sanstha Maryaditt, Kolhapur ..Petitioner Vs.

District Cooperative Election Officer & Ors.

..Respondents .....

Mr. Surel S. Shah, Advocate for Petitioner.

Mr. Prashant Bhavake, Advocate for Respondent No.2. Mr. Abhijit Kulkarni, '

A' Panel Counsel with Y. D. Patil, AGP for Respondent Nos.1 & 3/ State.

Mr. N. C. Walimbe, AGP for Respondent / State in WP No.1231/20. Ms. M. S. Bane, AGP for Respondent / State in WP No.1232/20. Mr. A. B. Kadam, AGP for Respondent / State in WP No.1233/20. Mr. P. P. Pujari, AGP for Respondent / State in WP No.1234/20. Mr. A. P. Vanarase, AGP for Respondent / State in WP No.1235/20. Mr. Mansingh Hindurao Patil, Chairman, Yevluj. CORAM : C.V. BHADANG, J.

DATE : 12th FEBRUARY, 2020

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Heard for some time.

2.

It transpires during the course of arguments, at bar, that the petitions being Writ Petition Nos.7381/2012, 7571/2012, 830/2012 and 831/2012 filed by the respondent No.2 challenging their expulsion from the membership of the petitioner Federation are pending before this Court for final hearing. Learned counsel for the respondent No.2 submits that it would be appropriate that these petitions are taken up for final hearing expeditiously so that the issue can be resolved finally. Learned counsel for the second respondent, on instructions, states that subject to these petitions being heard expeditiously, the respondent No.2 in each of these petitions have no objection for setting aside the impugned order, in view of the fact that the elections are now scheduled to be held somewhere in May 2020. The learned counsel for the petitioner and the contesting respondent No.2 in each of these petitions therefore submit that this Court may not record detailed reasons. 3.

In the result, the petitions are disposed of by consent of the petitioner and the contesting respondent No.2, in the following terms.

ORDER

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All the petitions are allowed.

2.

The impugned order and the consequential action taken in pursuance thereof is hereby set aside. 3.

In the circumstances, there shall be no order as to costs.

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By consent of parties, Writ Petition Nos.7381/2012, 7571/2012, 830/2012 and 831/2012 to stand over for final hearing on 12/3/2020 at 3.00 p.m.

C.V. BHADANG, J.