Padeep Prabhakar Lipne v. The State Co Operative Election Through Secretary And Others

1 32-WP-2911-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2911 OF 2022 PADEEP PRABHAKAR LIPNE

VERSUS

THE STATE CO OPERATIVE ELECTION AUTHORITY, PUNE THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Manoj Dharmaraj Shinde Advocate for Respondent Nos. 1 & 2 : Mr. S. K. Kadam ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 28th FEBRUARY, 2022 PER COURT :

1.

The objection raised by the petitioner for inclusion of names of 89 members in the provisional voters list submitted by respondent No.3 Society, is rejected by respondent No.2 District Cooperative Election Officer. The said rejection order is impugned in the present petition.

2.

The learned advocate representing respondent Nos. 1 and 2, on the other hand, by placing reliance on the decision of the Division Bench this Court at Principal Seat in Dattatray Genaba Lole and Others Vs. The Divisional Joint Registrar, Cooperative Societies, Pune and Others, Writ Petition No.5878/2021, submitted that the petitioner has alternate efficacious remedy, hence, the petition may be dismissed. In that case, challenge was raised to the dismissal of the objection

2 32-WP-2911-22.odt application and the preparation of provisional voters' list from which the petitioner's name was excluded. These were held to be intermediate stages in the election process contemplated under the Maharashtra Cooperative Societies Act and Rules. The Division Bench held that, in view of the availability of alternate efficacious remedy under Section 91 of the Maharashtra Cooperative Societies Act, 1960, read with Rule 78 of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014, the petition is not maintainable.

3.

In that view of the matter, the writ petition is dismissed with liberty to the petitioner to avail the alternate remedy. All the contentions of the petitioner are kept open.

(NITIN B. SURYAWANSHI, J.) SVH