Arun Dattaram Dalvi v. Kailas Jebale And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 9284 of 2021 Arun Dattaram Dalvi ...

Petitioner v/s.

Shri Kailas Jebale, Election Returning Officer & ors.

...

Respondents Mr. Manoj Patil a/w Mr.Ashish Pawar for the Petitioner. Ms. Vaishali S. Nimbalkar, AGP for the State. Mr Harish R. Pawar for Respondent No.2.

CORAM : G.S.KULKARNI, J 20th December 2021 P.C.

Not on Board. Taken on Board on a preacipe being moved on behalf of the Petitioner.

1.

Heard Mr. Patil, the learned counsel for the Petitioner. The petitioner has not approached the Appellate Authority under Section 152-A of the Maharashtra Co-operative Societies Act within the prescribed limitation of 3 days. There is no power to condone delay in

2/2 505 wp 9284.21.doc so far as such limitation as prescribed by the said provision is concerned.

2.

In my opinion, the reason which has been set out by the Election Officer to disqualify the Petitioner does not appear to be arbitrary, perverse or illegal. The Petitioner has not made out any case for interference of this Court in exercise of the writ jurisdiction. Writ Petition is accordingly dismissed, however, keeping open all contentions of the Petitioner in respect of any cause of action which may arise post election. No costs.

(G.S.KULKARNI, J) Lata Panjwani, P.S.