Bombay High CourtWP/203/2017disposed offdismissed for default

Pramod Bhimrao More v. The State Of Maharashtra And Others

2017-01-10Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice V. M. Kanade3 pages

(1) W.P. No. 203 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 203 of 2017 District : Jalgaon Pramod s/o. Bhimrao More, Age : 64 years, Occupation : Agriculture, R/o. 94, Yashodhan Ganesh Colony, Chopda, Taluka Chopda, District Jalgaon.

.. Petitioner.

versus

1. State of Maharashtra, Through Secretary, Co-operation Department, Mantralaya, Mumbai - 32.

2. The District Returning Officer, Co-operative Societies, Jalgaon, Through District Deputy Registrar, Co-operative Societies, Jalgaon.

3. The Returning Officer, Chopda Kasbe Vividh Karyakari Seva Sahakari Society Ltd., Chopda, Taluka Chopda, District Jalgaon, Through Assistant Registrar, Co-operative Societies, Chopda, Taluka Chopda, District Jalgaon.

.. Respondents.

(2) W.P. No. 203 of 2017 Mr. Prakashsing B. Patil, Advocate, for the petitioner.

Mr. A.B. Girase, Government Pleader, for respondent nos.01 to 03.

CORAM : V.M. KANADE & SANGITRAO S. PATIL, JJ.

DATE : 10TH JANUARY 2017 ORAL ORDER :

Heard.

02.

We are informed that the election process has already begun on 16.12.2016.

03.

The grievance of the petitioner is that though the eligibility criteria for a voter to vote in the election is that he shall hold at least one share of Rs. 100/-, the voters' list discloses that there are more than 300 persons who have a share of less than Rs. 100/-.

04.

In our view, since the election process has already begun, it is not possible to stall the said process or pass any order which would have effect of change in the process of election. The voters' list is finalized in December 2016. The petitioner had filed objection. However, that objection has not been decided so far. At this stage, it would not be possible to pass any order as prayed by the petitioner.

(3) W.P. No. 203 of 2017 05.

Preserving right of the petitioner to raise all the issues which are raised in the present petition, in an election petition, if filed, in future, the Writ Petition is disposed of.

( Sangitrao S. Patil ) ( V.M. Kanade ) JUDGE JUDGE puranik / WP203.17