Sundar Rangnath Salve v. The State Of Maharashtra And Others

Writ Petition No.1232/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.1232 OF 2016 Sundar s/o Rangnath Salve ...

PETITIONER

VERSUS

The State of Maharashtra & others ...

RESPONDENTS .....

Shri V.L. Dhoble, Advocate for petitioner Shri V.H. Dighe, A.G.P. for State .....

CORAM:

S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATED:

16th March, 2016.

ORAL ORDER :

1.

Mr. Dhoble, learned counsel for the petitioner submits that, the respondent No.7 does not belong to Scheduled Castes, still he has filled in his nomination paper from the Scheduled Castes category. Accordingly to the learned counsel, the respondent No.7 is elected as a Member of respondent No.6 Bank. The learned counsel submits that, the petitioner has made a complaint to that effect.

Writ Petition No.1232/2016 2.

Learned A.G.P. submits that the remedy of the petitioner is to file an election petition.

3.

It appears that, the respondent No.7 has been elected as a Member in the Committee of respondent No.6 Bank. The petitioner states that, he has raised objection to the nomination paper. If the nomination paper is illegally accepted, the petitioner has a remedy to file election petition as stipulated in the Maharashtra Co-operative Societies Act. The result of the said elections have been declared on 4.5.2015 and this petition is filed in January 2016.

4.

Considering the above, the relief claimed by the petitioner cannot be granted. In case the petitioner has any other remedy under the statute, the petitioner may have recourse to the same. Writ Petition is disposed of. No costs. (A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp1232.16