Mr. Sunil Dayal Rajani v. The State Of Maharashtra And Others

1 of 2 WP.2794.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2794 OF 2013 WITH NOTICE OF MOTION NO.309 OF 2015 IN WRIT PETITION NO.2794 OF 2013 Sunil Dayal Rajani Petitioner versus The State of Maharashtra and others Respondents WITH CONTEMPT PETITION NO.8 OF 2014 IN WRIT PETITION NO.1568 OF 2009 Sunil Dayal Rajani Petitioner versus Vaijnath Sitaram Phad and others Respondents Mr.Sunil Dayal Rajani, Petitioner in person, present. Mr.Milind More, Additional Govt.Pleader for Respondents 1 and 2.

Ms.Meena Doshi for Respondent no.8.

CORAM : S.C.DHARMADHIKARI AND B.P.COLABAWALLA, JJ.

DATE : 2 December 2015 PC :

The Petitioner appearing in person raises several claims including challenging the election process and its outcome. He also challenges the authority of a private

2 of 2 WP.2794.2013 individual to represent, according to him, a company which has been a member of the co-operative housing society in such elections. Nature of the reliefs that are claimed in the petition, would indicate that there are several disputes which cannot be resolved in writ petition. They being factual in nature and the Petitioner has adequate remedies to seek redressal of his grievances, he can approach such authorities as are set out under the Maharashtra Co-operative Societies Act, 1960 including a Co-operative Court. We find that such disputed factual issues, as are raised, cannot be brought under writ jurisdiction.

2.

The writ petition is, therefore, disposed of on the ground that the Petitioner must avail alternate and efficacious remedies under Maharashtra Co-operative Societies Act, 1960. (S.C.DHARMADHIKARI, J.) (B.P.COLABAWALLA, J.) MST