Sarjerao Dattatraya Pachpute v. State Co-Operative Election Authority And Others

{1} wp2783-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2783 OF 2022 Sarjerao Dattatraya Pachpute PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Mahesh S. Deshmukh, Advocate for the petitioner Mr. V. H. Dighe, Advocate for respondents No.1 and 2 Mrs. V. S. Chaudhari, AGP for respondent-State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th FEBRUARY, 2022 ORDER :

1.

The petitioner is aggrieved by inclusion of name of respondent No.4 in the final voters' list in the elections for committee of respondent No. 3 society and rejection of his objection to the same.

2.

The impugned order is assailed by learned advocate for the petitioner on various grounds.

3.

Learned advocate for respondents No. 1 and 2, on the other hand, submits that the present petition may not be entertained as the petitioner has an alternate efficacious remedy available, in view of division bench judgment of this court in

{2} wp2783-22 "Dattatray Genaba Lole and Others V/s The Divisional Joint Registrar, Co-operative Socieiteis, Pune and Others" (Writ Petition No.5878/2021).

4.

In the aforesaid judgment, the division bench has taken a view that in view of availability of alternate efficacious remedy to the petitioner, after declaration of the result of election, the writ petition is not entertained.

5.

In view of the ratio laid down in aforesaid division bench judgment, the writ petition is not entertained and is dismissed with liberty to the petitioner to avail alternate remedy. 6.

All the contentions of the petitioner are kept open. [NITIN B. SURYAWANSHI] JUDGE drp/wp2783-22