Sanjay Gourishankar Deshmukh v. State Co Operative Election Authority Through Its Secretary And Others

2-WP-2009-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2009 OF 2022 SANJAY GOURISHANKAR DESHMUKH

VERSUS

STATE CO-OPERATIVE ELECTION AUTHORITY ...

Advocate for Petitioner : Mr. V. B. Deshmukh Advocate for Respondents No.1 and 2 : Mr. S. K. Kadam ...

CORAM :

NITIN B. SURYAWANSHI, J.

DATE :

09-02-2022 PER COURT :- The petitioner, a candidate contesting the election of Osmanabad District Central Co-operative Bank, has objected to the nomination of respondent no. 3. By the impugned order, said objection is rejected.

2.

Mr. Kadam, learned Advocate for respondents no. 1 and 2, by placing reliance on the decision of this Court at principal seat, in Writ Petition no. 5878 of 2021 (Dattatraya Genaba Lole and Others Versus The Divisional Joint Registrar Co-operative Societies, Pune and Others) submitted that, the petitioner has alternate efficacious remedy, hence, the petition may be dismissed.

2-WP-2009-22.odt 3.

The Division Bench in above ruling has taken a view that the petitioner has alternate efficacious remedy of filing election petition under Section 91 of the Maharashtra Co-operative Societies Act read with Rule 78 of the Maharashtra Co-operative Societies Rules.

4.

In that view of the matter, Writ petition 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 rrd