Kisan Baburao Acharay v. The State Of Maharashtra And Others
{1} wp675-22 drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.675 OF 2022 Kisan Baburao Acharay PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS .......
Mr. Chandrakant V. Tbombre, Advocate for the petitioner Mr. S. W. Munde, AGP for respondent - State Mr. S. K. Kadam, Advocate for respondent No. 3 .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th JANUARY, 2022 ORDER :
1.
This petition impugns the order dated 7th January, 2022 of the Returning Officer, thereby rejecting the objection of the petitioner to the provisional voters list for the election of Credit Co-operative Society.
2.
It is not in dispute that voters' list is finalized on 10th January, 2022.
3.
Learned advocate representing respondent No. 3, by relying on the decision of the Division Bench of this Court at Principal Seat in Writ Petition No. 5878 of 2021 (Dattatray
{2} wp675-22 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 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/wp675-22