Shri. Ravso Pandurang Shinde v. District Deputy Registrar, Co-Op Society, Kolhapur And ORS

WP-8219-15.doc 14.08.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8219 OF 2015 Shri. Ravso Pandurang Shinde .. Petitioner

Versus

District Deputy Registrar, Co-operative Societies, Kolhapur and others .. Respondents Mr. Tanaji Mhatugade, for the Petitioner.

Mr. S. D. Rayrikar, AGP for the Respondent No.1. Mr. Sandeep Koregave, for the Respondent No.3 CORAM : R.M. SAVANT, J.

DATE : 14th AUGUST, 2015 P.C.

1.

The above Writ Petition is directed against the acceptance of the nomination of the Respondent No.3 to the above Petition. The final list of the voters has been put up yesterday and the symbols have also been allotted and what remains is only polling which is to take place on 20.08.2015. The reliance placed by the Learned Counsel for the Petitioner on the judgment of a Learned Single Judge of this Court reported in 2011(1) Bom.C.R. 573 in the matter of Narsanna Naganna Arge Vs. Assistant Registrar, Co-operative Societies & ors. and also the judgment of the another Learned Single Judge of this Court in 2008(0) BCI 402 in the matter of Sudhakar Narayanrao Bharsakale Vs. Assistant Registrar, BGP.

WP-8219-15.doc 14.08.2015 Co-operative Societies, Dist. Amravati & Ors. In the facts of the present case is misplaced. Considering the stage at which the election programme, is at present no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is dismissed.

2.

If the Petitioner is aggrieved, after the elections are over the Petitioner is free to adopt appropriate proceeding to challenge the said election of the Respondent No.3. Needless to state that if any such proceeding is filed, the same would be tried on its own merits and in accordance with law.

[R.M. SAVANT, J] BGP.