Anant Abaji Surve And ORS v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1529 OF 2017 Anant Abaji Surve & Ors.

....Petitioners.

Vs.

State of Maharashtra & Ors.

....Respondents.

Mr. Rakesh H. Pathak i/by REX LEGALIS for the Petitioners. Mr. Bhupesh V. Samant, AGP for Respondent No.1. Mr. Ramesh S. Sawant for Respondent Nos. 2 and 3. Mr. Vishal Kanade a/w Mr. A.T. Bukhari for the Applicant/Intervenor in CAW No. 469 of 2017.

Mr. Santosh Appasaheb Ranshinge, Authoized/Returning Officer present in the Court.

CORAM : B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 5 JULY 2017.

P.C.:- The Applicant has moved for clarification of order dated 3 February 2017. Vide order dated 3 February 2017, this Court had directed that the results of the election of Respondent No.2-Society not to be declared without permission of the Court. However, it appears that on 14 February 2017, the Petition came to be disposed of so as to enable the Petitioner herein to take 1/2

ssm 2 902-wp1529.17.sxw recourse to the alternate remedy. The Court had further directed that interim order dated 3 February 2017 shall continue to operate for further period of one week.

It is informed that subsequently the Appeal is disposed of and the Revision challenging the Appellate order, is also disposed of. We therefore, see no impediment in declaring the results of the election.

Mr. Santosh Appasaheb Ranshinge, Authoized/Returning Officer, who is personally present in the Court, is directed to forthwith declare the results of the election. Needless to say that the dispute which is filed by the present Petitioner before the learned Co-operative Court, shall be decided on its own merits without being influenced by any of the order, passed by any of the Authority.

(RIYAZ I. CHAGLA J.) ( B.R. GAVAI J.) 2/2