Bhagubai Namdeo Paul v. The State Co Operative Election Authority And Others

941-942-WP-2687-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 WRIT PETITION NO.2687 OF 2020 BHAGUBAI NAMDEO PAUL

VERSUS

THE STATE CO OPERATIVE ELECTION AUTHORITY AND OTHERS WITH 942 WRIT PETITION NO.2688 OF 2020 PANDURANG NAMDEORAO PAUL

VERSUS

THE STATE CO OPERATIVE ELECTION AUTHORITY AND OTHERS ...

Advocate for Petitioners : Mr. Suryawanshi Kamlakar J. Advocate for Respondent Nos.1 to 3 : Mr. S.K. Kadam ...

CORAM : ROHIT B. DEO, J.

DATED : 12th FEBRUARY, 2020.

PER COURT:- .

These petitions challenge the acceptance of the nomination forms of respondent 5 in Writ Petition 2687 of 2020 and respondents 5 and 6 in Writ Petition 2688 of 2020. 2.

The learned counsel for the petitioners submits that since the candidates did not own land within the area of operation of the society, their nomination forms could not have been accepted.

3.

The learned counsel for respondents 1 to 3 Shri S.K. Kadam points out that such objection is not raised before the election ofcer and is raised for the frst time in

941-942-WP-2687-2020.odt (2) this Court.

4.

The learned counsel for the petitioners would submit that at the stage of scrutiny, the petitioners were not possessing relevant information.

5.

Be that as it may, since there was no objections raised to the nomination form, the only course open for the petitioners is to challenge the result of the election in an election dispute under Section 91 of Maharashtra Cooperative Societies Act, 1960, if deemed ft. 6.

The petitions are dismissed.

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