Popat Sambhaji Mane v. The State Of Maharashtra And Others

{1} wp6-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6 OF 2022 Popat s/o Sambhaji Mane PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. R. R. Karpe, Advocate for the petitioner Mrs. V. S. Chaudhari, AGP for respondent - State Mr. V. H. Dighe, Advocate for respondents No. 2 to 4 Mr. A. V. Hon, Advocate for respondent No.5 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 3 rd JANUARY, 2022 ORDER :

1.

This petition impugns the order of rejection of nomination of the petitioner passed by respondent No. 4 - the Returning Officer, confirmed by respondent No. 3 - Regional Joint Director, (Sugar) Co-operative Societies.

2.

Learned advocate representing respondents No. 2 to 4, by relying on the decision of the Division Bench of this Court at Principal Seat in Writ Petition No. 5878 of 2021 (Dattatray Genaba Lole and Others V/s The Divisional Joint Registrar Cooperative Societies, Pune and Others) submitted that the petitioner has alternate efficacious remedy, hence, the petition

{2} wp6-22 may be dismissed. In that case, challenge was raised to the dismissal of the objection application and the preparation of provisional voters' list from which the petitioner's name was excluded. These were held to be intermediate stages in the election process contemplated under the Maharashtra Cooperative Societies Act and rules. The Division Bench, therefore, held the petition to be not maintainable and dismissed the same on the ground of availability of alternate remedy of filing election petition.

3.

In the light of the above decision, this petition is not maintainable, the same is dismissed, with liberty to the petitioner to file election petition under section 91 of the Maharashtra Co-operative Societies Act read with Rule 78 of the Maharashtra Co-operative Societies Rules. All the contentions of the petitioner are kept open.

[NITIN B. SURYAWANSHI] JUDGE drp/wp6-22