Makrand P. Harmalkar v. The Election Returning Officer And 3 ORS

1 of 2 DB.42.WP(L).7.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.7 OF 2017 Dinesh D. Thakur Petitioner versus The Election Returning Officer and others Respondents AND WRIT PETITION (L) NO.8 OF 2017 Makrand P. Harmalkar Petitioner versus The Election Returning Officer and others Respondents AND WRIT PETITION (L) NO.9 OF 2017 Parvati M. Chavan Petitioner versus The Election Returning Officer and others Respondents Ms.Kalyani Tulankar for Petitioners.

Mr.K.Dighe, AGP, for Respondent nos.2 and 4 in WP(L) No.7/2017 and for Respondent nos.1,2 and 4 in WP(L) Nos.8/2017 and 9/2017. Mr.Umesh Chandra Yadav and Mr.Chandrakant Gole for Respondent no.3 in all petitions.

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATE :

21st March 2017 PC :

Learned counsel for Respondents-State submits that in terms of interim order passed by this Court, the Petitioners were allowed to

2 of 2 DB.42.WP(L).7.2017 file nomination form, however, their nomination forms were rejected, as the Petitioners were not found to be the members of the society. 2.

Learned counsel for Petitioners did not dispute that the Petitioners have not challenged the order dated 16th December 2016 (Exhibit-J) passed by Assistant Registrar, Co-operative Societies, holding the Petitioners to be not the members of society before appropriate forum.

3.

Since order dated 16th December 2016 has not been challenged by the Petitioners, we dispose of these petitions with liberty to the Petitioners to challenge the said order before appropriate forum.

4.

It is also open for the Petitioners to challenge circular dated 13th November 2013 by way of appropriate proceedings or by filing a fresh petition.

5.

With the aforesaid liberty, the petitions are disposed of. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST