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Bombay High CourtWP/6470/2015dismissed

Saptashrungi Mahila Nagari Sahakari Patsanstha Maryadit Through Its Chairman Mrs. Minakshi Pawar v. Election Officer, Maharashtra State Cooperative Credit Society Federation Ltd., Mumbai And ORS

2015-07-09Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6470 OF 2015 Saptashrungi Mahla Nagari Sahakari Patsanstha Maryadit ...

Petitioner V/s.

Election Officer & ors.

...

Respondents Mr. Tejesh Dande for the petitioner.

Mr. Vikas Mali, AGP for the State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

9th July, 2015.

P.C.

The petitioner seeks direction to include his name in the voters' list prepared for holding election to Maharashtra State Cooperative Credit Society Federation Ltd., Mumbai in accordance with the rules prior to 7 days of finalisation of voters' list. If the person deposits dues against his name then he is entitled to be voter. It is the petitioner's claim that he has paid the dues with the federation on 12th June, 2015. He was under impression that the intimation of payment would be made to the Returning Officer/Election Officer but the same was not done. Admittedly, the voters list was finalised on 24th June, 2015. Petitioner submitted his nomination form. It is submitted that on the day of submitting the nomination form, petitioner came to know that his name was not included. It is the petitioner's claim that his nomination form was

2/2 wp6470.15.sxw accepted but his name is not included in voters list. 2.

Learned AGP on instructions of officer present in Court submits that till the date of final list, there was no intimation received from the petitioner that he has paid the dues. According to rules the petitioner could not have been a voter as there was no intimation that there were no dues against the petitioner.

3.

We have perused the record. We find that the election programme is already declared. Petitioner claims to have deposited arrears of Rs. 4000/- on 12th June, 2015. For the reasons best know to him, he has not taken efforts to get his name included in the voters' list. As the election process is already set in motion, no interference is warranted. Writ Petition is dismissed.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.