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Bombay High CourtCAW/3052/2016disposed off

The Deputy Registrar, Cooperative Societies And ANR. v. Shri Chandrakant Pirrappa Mhetre

2016-12-20Hon'Ble Shri Justice R.M. Savant.4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3052 OF 2016 IN WRIT PETITION NO. 12539 OF 2016 The Deputy Registrar, Co-operative Societies & Anr ..Applicants Vs.

Shri Chandrakant Pirappa Mehetre & Ors ..Respondents WITH CIVIL APPLICATION NO. 3053 OF 2016 IN WRIT PETITION 12544 OF 2016 The Deputy Registrar, Cooperative Societies And Anr. ....Applicants Vs.

Shri. Shivaji Gajendra Kadam ....Respondent WITH CIVIL APPLICATION IN WP NO. 3054 OF 2016 In WRIT PETITION 12552 OF 2016 The Assistant Registrar, Cooperative Societies And Anr. ....Applicant Vs.

Shri Uddhav Ganapati Bandgar ....Respondent WITH CIVIL APPLICATION IN WP NO. 3055 OF 2016 In WRIT PETITION 12553 OF 2016 The Deputy Registrar, Cooperative Societies And Anr. ...Applicant Vs.

Shri Vithal Malikarjun Kore

...Respondent

WITH CIVIL APPLICATION IN WP NO. 3056 OF 2016 In WRIT PETITION 12543 OF 2016 The Deputy Registrar, Cooperative Societies And Anr. ..Applicant

Vs.

Shri Vishwanath Shankarappa Sharnarthi

...Respondent

Mr. S. H. Kankal AGP for the Applicants Mr. D. S. Patil a/w Mr. Sumit Kothari for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

20th DECEMBER, 2016 P.C.

The above Civil Applications have been filed for seeking extension of time to hold elections to the societies in question in respect of which societies, the original Petitioners who are the members of the said societies filed the above Writ Petitions. In terms of the common order dated 27-102016, passed in the Writ Petitions the elections to the societies in question were to be completed by 31-12-2016. The Applicants have sought extension of time for the reasons mentioned in the above Civil Applications. The above Civil Applications have been filed after the original Petitioners had filed Contempt Petitions in this Court alleging contempt of the said order dated 2710-2016. This court in view of the fact that even preliminary steps were not taken in the matter of holding elections, had directed the Learned AGP to take instructions as to when the approval of the State Co-operative Election Authority would be obtained.

Today when the above Civil Applications and Contempt Petitions are placed for hearing, the Learned AGP tenders public notice issued in daily

news paper Sanchar in its edition dated 17-12-2016. The said public notice is in respect of the finalisation of the voters list for the elections to be held to the societies in question. The schedule of the programme from the publication of the provisional list of voters to the finalisation of the provisional list of voters is mentioned therein. It seems that in terms of the said programme, the provisional list of voters has been published on 17-12-2016. As mentioned herein before, the finalisation of the voters list to take place on 11-1-2017. In terms of Rule 18 the programme subsequent to the finalisation of the provisional voters list is required to be announced within 10 days of such finalisation.

The Learned AGP further tenders draft of the programme in respect of the subsequent steps leading to the filing of nominations to the date of voting. The said draft programme envisages two situations, one situation is where there are objections to the provisional list of voters and the other situation is where there are no objections. In the second eventuality, the elections would be completed on 11-2-2017 where as in the first eventuality namely, if objections were to be taken to the provisional list of voters, the elections would be completed on 26-2-2017. The Learned AGP further assures this court that the subsequent programme would be in terms of the draft election programme which is tendered across the bar. In view of the public notice dated 17-12-2016 as also in view of the draft election programme which is signed by Shri N. V.

Deputy Registrar Co-operative Societies, Solapur for identification, time to complete the elections to the societies in question is extended up to 28-2-2017. It is expected of the authorities that the election programme to the societies in question would be completed within the aforesaid extended period. It is made clear that no further extension would be sought for nor would any further extension be granted. The public notice and the draft election programme are taken on record and marked as "X" and "Y" for identification. The Civil Applications are accordingly disposed of. [R.M.SAVANT, J]