Eknath Vishwnath Shete v. The State Of Maharashtra And Others

917-wp-1709-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO.1709 OF 2020 EKNATH VISHWNATH SHETE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Ghatol Patil Shahaji B. AGP for Respondents : Mr. S.K. Tambe Advocate for Respondents Nos.5 to 8 : Mr. S.K. Kadam ...

CORAM : ROHIT B. DEO, J.

DATED : 24th JANUARY, 2020.

PER COURT:- .

Concededly, the election process as regards the elections to the respondent no.9 society has commenced. 2.

The petitioner preferred objection dated 27.12.2019, purportedly objecting to the provisional voters list.

3.

In the cryptic objection, the petitioner makes no grievance that his name is not included. The general grievance is that the provisional voters list does not include the names of borrower members. The other objection raised is that the election programme was not given due publicity and that the publication and the panchnama recorded is done as desired by some people. There is no other objection raised.

917-wp-1709-2020.odt (2) 4.

Shri Ghatol Patil, the learned counsel for the petitioner did make an attempt to persuade me to hold that the decision of the Election Ofcer is fawed, I do not agree. 5.

I note from the objection, that not a single particular is disclosed and a bald and omnibus statement is made that some borrower members are not included without disclosing the names and particulars of the borrower members allegedly excluded. In so far as the publication of the programme is concerned, the necessary material was placed on record by the Secretary including the photographs.

6.

The enquiry which is required to be conducted is of summary nature. In any event, I am satisfed that the objections did not merit any further enquiry considering that absolutely no particulars are disclosed. The petition is dismissed.

7.

Since the enquiry is of summary nature, the contentions are left open for adjudication in election dispute under Section 91 of the Maharashtra Co-operative Societies Act, if the need to fle such dispute arises.

(ROHIT B. DEO, J.) Mujaheed//