Mr. Bhimrao Maruti Dham v. Additional Commissioner And Special Registrar, Co-Op. Soc. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6492 OF 2016 Mr.Sameer Sikander Nadaf WRIT PETITION NO. 6493 OF 2016 Mr.Jayhind Yadavrao Phadtare WRIT PETITION NO. 6494 OF 2016 Mr.Kailash Ashok Bhore WRIT PETITION NO. 6495 OF 2016 Mr.Shrikaant Vithal Mhamane WRIT PETITION NO. 6497 OF 2016 Smt.Jayshree Mohanrao Gudge N.S. Kamble page 1 of 5

WRIT PETITION NO. 6498 OF 2016 Mr.Shivaji Tukaram Ghadge WRIT PETITION NO. 6499 OF 2016 Mr.Subhash Ramchandra Gonjari WRIT PETITION NO. 6500 OF 2016 Mr.Nitin Mahadev Veer WRIT PETITION NO. 6501 OF 2016 Mr.Bhimrao Baburao Ghodke WRIT PETITION NO. 6502 OF 2016 Mr.Bhimrao Maruti Dham N.S. Kamble page 2 of 5

WRIT PETITION NO. 6503 OF 2016 Mr.Abhiraj Dilip Nagmal WRIT PETITION NO. 6504 OF 2016 Mr.Ashok Dattatraya Bhore WRIT PETITION NO. 6505 OF 2016 Mr.Sachin Mohanrao Gudge ---- Mr.Amey Sawant i/b Mr.S.M. Sabrad for the Petitioners. Ms.Shraddha Pawar i/b Mr.Dilip Bodke for Respondent No.3. Mr.S.D. Rayrikar, AGP for the Respondent-State in Writ Petition No.6492 of 2016.

Mr.A.P. Vanarse for the Respondent-State in Writ Petition No.6493 of 2016.

Mr.M.C. Walimbe for the Respondent-State in Writ Petition No.6495 of 2016.

Mr.P.P. Pujari for the Respondent-State in Writ Petition No.6497 of 2016.

---- N.S. Kamble page 3 of 5

CORAM : C.V. BHADANG, J.

DATE : 06th FEBRUARY 2020 P.C.

1.

The challenge of these petitions is to the rejection of the nomination papers of the petitioners by an order passed way back on 31st May 2016, which order has been confirmed by the Appellate Authority on 10th June 2016.

2.

The learned counsel for the petitioners states that this Court in a batch of connected petitions being Writ Petition No.6494 of 2016 and others had granted Rule on 15th June 2016. However perusal of the said order shows that the said petitions were admitted, only for the academic purpose of deciding scope of byelaw No.40 of respondent No.3-Bank. 3.

The learned counsel for respondent No.3 on the contrary points out that one of the connected petitions being Writ Petition No.8060 of 2010 has been dismissed by this Court on 18th January 2017, in view of the fact that the election had already taken place. He further points out that based on the said order this Court N.S. Kamble page 4 of 5

has dismissed two other petitions being Writ Petition Nos.4511 of 2017 and 4513 of 2017 on 30th January 2020.

4.

Considering the circumstances and particularly having regard to the fact that the challenge is to the rejection of the nomination in May 2016 and the elections are long over and further having regard to the fact that the three connected petitions involving a similar issue have already been dismissed, I decline to entertain the petitions. The petitions are accordingly dismissed, Nilam Kamble by Nilam Kamble Date: 2020.02.07 15:49:05 +0530 with no order as to costs.

5.

The issue of the scope of the bye-law No.40 of the Bank, is left open.

C.V. BHADANG, J.

N.S. Kamble page 5 of 5