Paraji Dadarao Pole v. Returning Officer Cooperative Credit Society And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO.674 OF 2023 PARAJI DADARAO POLE

VERSUS

RETURNING OFFICER COOPERATIVE CREDIT SOCIETY AND OTHERS ...

Advocate for Petitioner : Mr. N. S. Kadarale ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

17th January, 2023 PER COURT :

1.

Heard the learned Advocate Mr. N. S. Kadarale appearing on behalf of the petitioner. The petitioner is a candidate in the elections to the Managing Committee, Cooperative Credit Society Education Department, Zilla Parishad, Nanded, District Nanded. He has raised an objection before the Election Officer as regards the counting of the votes. The learned Advocate for the petitioner further submits that the Election Officer instead of counting entire votes again, has directed counting the summary of votes which is contradictory to Rule 63 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.

2.

The learned Advocate for the respondent submits that an appropriate remedy would be available under Section 91 of the

WP 674-2023 Maharashtra Co-operative Societies Act read with Rule 78 of the Maharashtra Co-operative Societies (Election to Committeee) Rules, 2014 as there would be factual foundation required to be laid down, the same would be appropriately decided by filing election petition. 3.

In view of the above, this writ petition is disposed of. Liberty to approach before the appropriate forum.

( ARUN R. PEDNEKER, J. ) vj gawade/-.