Balu Yashwant Wagh And ORS. v. The Jopul Vividh Karyakari Seva Sahakari Sanstha Maryadit And ORS.

wp-3401-16-(902)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3401 OF 2016 Balu Yashwant Wagh & Ors.

..Petitioners Vs.

The Jopul Vividh Karyakari Seva Sahakari Sanstha Maryadit & Ors.

..Respondents Mr P. N. Joshi for the Petitioners Mrs Vaishali Nimbalkar AGP for the Respondent Nos.2 to 4 CORAM :

R. M. SAVANT, J.

DATE :

23rd MARCH, 2016 P.C.

The Writ Jurisdiction of this Court is invoked against the orders dated 5-3-2016 and 8-3-2016 passed by the District Co-operative Election Officer, by which orders the objections of the Petitioners to the non inclusion of their names in the final list of voters came to be rejected. It is an undisputed position that the Petitioners names were not appearing in the provisional list of voters on account of which the Petitioners took an objection which objection has been now repelled by the impugned orders dated 5-3-2016 and 8-3-2016. It is not possible to interdict with the impugned orders in the Writ Jurisdiction of this court having regard to the fact that the election programme is in process and that the inquiry would entail mmj

wp-3401-16-(902) going into disputed questions of fact. Hence no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

However, it would be open for the Petitioners to seek appropriate recourse if so advised after the elections are over. [R.M.SAVANT, J] mmj