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Bombay High CourtWP/9252/2022disposed off

Kulswami Co Op Credit Soc Ltd. Thr Its Chief Executive Officer v. The State Of Maharashtra Thr Ministry Of Co Op Marketing And Textile And ORS

2022-10-03Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Sharmila U. Deshmukh3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8845 OF 2022 Rajendra Laxman Bhosale ... Petitioner

Versus

The State of Maharashtra through its Secretary for Co-operation Marketing and Textile Department and Ors.

... Respondents WITH WRIT PETITION NO. 9872 OF 2022 The Bhimashankar Sahakari Sakhar Karkhana Ltd. ... Petitioner

Versus

The State of Maharashtra through the Principal Secretary, Department of Co-operation and Ors. ... Respondents WITH WRIT PETITION NO. 9252 OF 2022 Kulswami Co-op. Credit Society, through its Chief Executive ... Petitioner

Versus

The State of Maharashtra through its Secretary for Co-operation Marketing and Textile Department and Ors.

... Respondents ...

Mr. Tejas D. Deshmukh, for the Petitioner in WP/9872/2022. Mr. Uday B. Nighot, for the Petitioner in WP/9252/2022. Ms. Pooja Harit i/by Manoj Harit & Co. for Petitioners in WP/8845/2022.

Mr. Deelip Patil-Bankar, Chief Standing Counsel, a/w Ms. Pooja Deelip Patil, for Respondent No.1 - SCEA in WP/8845/22 and WP/9872/2022 and for Respondent Nos.2 & 5 in WP/9252/2022 Ms. Kavita N. Solunke, AGP for the Respondent-State. Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2022.10.12 17:33:50 +0530 SANJAY ASARAM MANDAWGAD ...

2/3 CORAM : NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE : 03 OCTOBER 2022 P.C. :

The Petitions challenge the decision of the State Government dated 15 July 2022, deferring the elections of the Co-operative Societies in the State in view of the red-alert issued by the Weather Department and the decision of the State till 30 September 2022. This group of writ petitions came up on board on 15 September 2022, when it was adjourned at the request of the learned Government Pleader. Thereafter, again on 19 September 2022, it was adjourned on 3 October 2022, after recording a statement of the learned Government Pleader that the election of the co-operative societies in the State would commence from 30 September 2022. The matters were listed on board for direction today.

2.

The decision of the State Government and the communication of the State Co-operative Election Authority is placed on record that post 30 September 2022, election of the Co-operative Societies will not be deferred. The communication is addressed by Respondent No.2 to all the District Election Officers

3/3 stating that the stage at which the elections were deferred, from that stage, the election process should commence. In the light of this communication and the fact that the impugned decision dated 15 July 2022, no longer survives, it is not necessary to keep the writ petitions pending.

3.

Accordingly, the writ petitions are disposed of. ( SHARMILA U. DESHMUKH, J. ) ( NITIN JAMDAR, J. )