Badwani Shetkari Samuha Krushi Sahitya Purwatha Va Dhanya Godam Seva Sahakari Sanstha Ltd And ORS v. The State Of Maharashtra And Others

1 957-WP383-2020+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 383 OF 2020 Badwani Shetkari Samuha Krushi Sahitya Purwatha Va Dhanya Godam Sava Sahakari Sanstha, Ltd. Badwadni Through its Chairman and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Ghatol Patil h/f S. H. Panchal, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 4. Mr. V. H. Dighe, Advocate for Respondent Nos. 2 and 3. Mr. Mahesh S. Deshmukh, Advocate for Respondent No. 6. WITH WRIT PETITION NO. 384 OF 2020 Lon (Kh) Shetkari Dhanya Adhikosh Bahuddeshiya Sahakari Sanstha, Ltd.

Through its Chairman and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Ghatol Patil h/f S. H. Panchal, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 4. Mr. V. H. Dighe, Advocate for Respondent Nos. 2 and 3. Mr. Mahesh S. Deshmukh, Advocate for Respondent No. 6. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 06th FEBRUARY, 2020.

2 957-WP383-2020+.odt PER COURT:- .

Mr. Ghatol Patil, learned counsel for the petitioners submits that the petitioners are the members of the respondent No. 6 Federal Society. The amount has been paid on 28.08.2015 by petitioner No. 1 and remaining petitioners on 15.01.2016 in Writ Petition No. 383 of 2020 and in Writ Petition No. 384 of 2020 the petitioner Nos. 1 to 22 have paid the amount on 15.09.2016 and petitioner Nos. 23 and 24 on 03.02.2014. The learned counsel submits that the names of the petitioners are required to be included in the voters list. The society has forwarded the voters list. The names of the petitioners are not included. The cut off period is of three years prior to the election to be held.

2.

The given date for the election in the present case is 07.05.2020. 3.

Mr. Dighe, learned counsel for the respondent Nos. 2 and 3 submits that the provisional voters list has not been published as yet. 4.

According to Mr. Deshmukh, learned counsel for respondent No. 6, the respondent No. 6 has forwarded the list as on cut off date. 5.

The petitioners will have every right to raise an objection after publication of provisional voters list. As contended by the learned counsel for the respondent Nos. 2 and 3 that provisional voters list is

3 957-WP383-2020+.odt not yet published.

6.

It would be premature to comment upon the merits of the contentions.

7.

Upon publication of the provisional voters list, the petitioners may raise the objections about the inclusion / non inclusion of their names in the voters list. The objection raised by the petitioners certainly would be considered by the returning officer on its own merits before finalization of the voters list.

8.

Writ petitions accordingly are disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.