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Bombay High CourtWP/371/2023disposed off

Keshav Shamrao Gambhire v. The State Of Maharashtra Through Department Of Co Operation And Others

2023-01-18Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

935.WP.371.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.371 OF 2023 KESHAV SHAMRAO GAMBHIRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF COOPERATION AND OTHERS ...

Advocate for Petitioner : Mr. N.S. Tekale h/f. Mr. Devdatt P. Palodkar AGP for Respondent/State : Ms. M.A. Deshpande Advocate for respondent Nos.3, 5 and 6 : Mr. V.H. Dighe Advocate for Respondent No.7 : Mr. A.N. Irpatgire ...

CORAM

: MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 18.01.2023 PER COURT :

Heard both the sides.

2.

The petitioner is aggrieved by the fact that the Maharashtra State Cooperative Election Authority - Respondent No.3 is proposing to conduct election of the respondent No.7 primary cooperative society under the Cooperative Societies Act. The cut off date published by the respondent No.3 is 01.04.2022. The Elections were not conducted within reasonable time and in the meantime the petitioner and similar such persons who have become eligible to cast votes having completed two years since enrollment would not be able to participate in the proposed election. 3.

The learned advocate Mr. Dighe who appears for the respondent Nos.3, 5 and 6, on instructions, submits that appropriate decision would be 1/2

935.WP.371.23.odt taken on the petitioner's representation dated 26.12.2022 to the extent of persons like the petitioner who are claiming to be members of respondent No.7 Society only within two weeks. He submits that the petitioners and similar such persons may remain present before the Respondent no.3 on 24.01.2023.

4.

In view of such statement, the learned advocate for the petitioner submits that the writ petition can be disposed of. 5.

We dispose of the writ petition by directing the respondent No.3 to decide the petitioner's representation as expeditiously as possible and in any case within two weeks. The petitioner shall appear before the respondent No.3 on 24.01.2023.

(S.G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) habeeb 2/2