Bombay High CourtWP/1763/2016disposed offdismissed for default

Shetkari Sahakari Sangh Ltd Jamner Through Its Chairman Ravindra Ukhardu Patil v. Divisional Joint Registrar Co Operative Societies Nashik And Others

2016-03-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice A. I. S. Cheema2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1763 OF 2016 Shetkari Sahakari Sangh Ltd.

Jamner, Through its Chairman, Ravindra Ukhardu Patil .. Petitioner

Versus

Divisional Joint Registrar Co-operative Societies Nashik and others .. Respondents Shri Mahesh S. Deshmukh, Advocate for the Petitioner. Shri V. H. Dighe, A. G. P. for Respondent Nos. 1 and 2. Shri S. K. Kadam, Advocate for Respondent Nos. 3 to 5. Shri V. J. Dixit, Senior Advocate i/by Shri Bipinchandra K. Patil, Advocate for the Respondent No. 6.

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

DATE : 17TH MARCH, 2016.

PER COURT :

There are many fold prayers made in the writ petition wherein the election programme is also a subject matter of challenge.

Mr. Kadam, the learned counsel for respondent Nos. 3, 4 and 5 and Mr. Dixit, the learned Senior Counsel for the respondent No. 6 submit that, pursuant to the election programme under challenge the elections have been conducted and the results are also declared.

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Mr. Deshmukh, the learned counsel for the petitioner states that, the petitioner has also made the other prayers for taking the decision on the appeal filed by the petitioner bearing Appeal No. 8 of 2016 before the respondent No. 1/Divisional Joint Registrar. The decision is not being taken.

Considering the above we pass the following order. 5.

With regard to prayer clause "B" respondent No. 1/Divisional Joint Registrar shall decide the appeal filed by the petitioner bearing Appeal No. 8 of 2016 on its own merits, in accordance with law, considering all the relevant aspects of the matter expeditiously and preferably within a period of four (4) months from the date of appearance. The parties to the present petition shall appear before the Authority on 05th April, 2016. The respective parties are at liberty to raise such defences as is permissible in law. As elections are already over the petitioner is at liberty to file election petition or such other proceedings as is permissible in law. All contentions of respective parties in that respect are kept open. The writ petition is accordingly disposed of. No costs.

[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 16