Prithviraj Sahebrao Jachak v. State Of Maharashtr Thr Dept Of Co Op And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9547 OF 2023 Prithviraj Sahebrao Jachak

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO.9557 OF 2023 Vishal Madhusudan Nimbalkar & Ors.

...Petitioners

Versus

State of Maharashtra & Ors.

...Respondents

WRIT PETITION NO.9558 OF 2023 Shivaji Ramrao Nimbalkar

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Chetan Patil i/b. Mr. M. G. Bagkar, for the Petitioners in WP/9547/2023.

Mr. S. S. Patwardhan a/w. Ms. Mrinal Shelar i/b. Bhooshan R. Mandlik, for the Petitioners in WP/9557/2023. Dr. Abhinav Chandrachud a/w. Mr. Siddharth Mehta i/b. Mr. Ruturaj Pawar, for the Petitioner in WP/9558/2023.

Dr. Birendra Saraf, AG a/w. Mr. P. P. Kakade, GP and Mr. P. G. Sawant, AGP, for the State.

Mr. Deelip Patil-Bankar, Chief Standing Counsel-SCEA, for Respondent Nos.3 and 4.

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Mr. Shekhar Jagtap a/w. Mr. Venkatesh Shinde i/b. J. Shekhar & Co., for Respondent No.5.

CORAM : MADHAV J. JAMDAR, J.

DATED : 7th SEPTEMBER 2023 P.C. :

1.

By the present Writ Petitions filed under Articles 226 and 227 of the Constitution of India, the Petitioners are challenging order dated 28th July 2023 passed by the Respondent No.3-the District Co-operative Election Officer, to the extent of rejection of the objection raised by the Petitioners to the provisional voters list of Respondent No.5-Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd. and further prayer is made to allow objection raised by the Petitioners to the said provisional voters list.

2.

Mr. Deelip Patil-Bankar, learned counsel appearing for Respondent Nos. 3 and 4 submitted that voters list prepared for the election of Respondent-Karkhana was prepared earlier, however, in view of the order dated 24th August 2023 issued by the Respondent No.4, said voters list is withdrawn. As the voters list itself is withdrawn by the Respondent No.4, the 2/3

impugned order dated 28th July 2023 doesn't survive and therefore, challenge to the same has come to an end. 3.

Accordingly, the Respondents-Authorities to take steps in accordance with law to prepare fresh voters list and conduct the election of the Respondent-Karkhana.

4.

It is clarified that all the contentions regarding the proposed provisional voters list are expressly kept open. 5.

The Writ Petition are disposed of in above terms, with no order as to costs.

[MADHAV J. JAMDAR, J.] 3/3