Shri. Vikram Baburao Shinde v. The Returning Officer And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2453 OF 2015 Shri. Shaikh Gulab Dautbhai WRIT PETITION NO.2454 OF 2015 Shri. Chorghe Sunil Shankar WRIT PETITION NO.2455 OF 2015 Shri. Sunil Shankar Chorghe WRIT PETITION NO.2456 OF 2015 Shri. Baburao Digambar Suryawanshi WRIT PETITION NO.2457 OF 2015

Shri. Shaikh Aktar Abdul Rehman WRIT PETITION NO.2458 OF 2015 Shri. Shinde Vikram Baburao WRIT PETITION NO.2459 OF 2015 Shri. Shaikh Aktar Abdul Rehman WRIT PETITION NO.2460 OF 2015 Smt. Vandana Harishchandra Gothankar WRIT PETITION NO.2461 OF 2015 Shri. Balu Dagdu Gore

WRIT PETITION NO.2462 OF 2015 Shri. Ramchandra Baban Pawar WRIT PETITION NO.2463 OF 2015 Shri. Satish Shantaram Mehta WRIT PETITION NO.2464 OF 2015 Shri. Vikram Baburao Shinde Shri. Vivek V. Salunkhe, for the Petitioner/s in all matters. Shri. Balasaheb Deshmukh, for the Respondent No.2 in all matters. Mrs. Vaishali Nimbalkar, AGP for Respondent Nos.1 & 3 in all matters. CORAM : R.M. SAVANT, J.

DATE : 17th MARCH, 2015 P.C.

1.

The above Writ Petitions take exception to the acceptance of the nominations of the Respondent No.2 in each of the Petitions for

contesting election to the Bhor Shahar Prathamik & Madhyamik Shikshak Sevakanchi Sahakari Patsanstha Maryadit, Bhor, Taluka Bhor, DistrictPune. The Petitioner herein is an objector to the nomination of the Respondent No.2 being accepted by the Returning Officer. However, so far as Writ Petition No.2462 of 2015 is concerned, it is the case of the Petitioner that order passed by the Returning Officer is not made available. The objection taken by the Petitioner is on the ground that the Respondent No.2 in each of the above Petitions has not obtained permission of the management as contemplated by Section 42(2) of the MEPS Rules prior to filling up of the nomination forms, whereas the Petitioner had obtained the permission and his nomination is also held to be valid.

The said objection raised by the Petitioner has been rejected by the Returning Officer on the touchstone of Section 73CA(vi) of the Maharashtra Cooperative Societies Act, wherein the disqualification contemplated is not applicable to the societies of the salaried employees. The said society in question in the instant case is undisputedly a society of the salaried employees to which the elections are to be held. It is required to be noted that the election is at the stage, where the list of validly nominated candidates is to be published tomorrow i.e. on 18th March, 2015 and thereafter voting is to take place on 25th March, 2015. 2.

After arguing for sometime the Learned Counsel for the

Petitioner in each of the above Petitions on instructions seeks withdrawal of the above Petitions to agitate the grievance raised by the Petitioner in appropriate proceedings after the elections if the occasion so arises in future. The Petitions are accordingly allowed to be withdrawn with liberty as prayed for.

[R.M. SAVANT, J]