Kaka Dhanaji Sonattake And Another v. State Of Maharashtra And Others

WP 2339.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2339 OF 2015 KAKA DHANAJI SONATTAKE AND ANOTHER

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mrs. S.E. Madne(Narwate) GP for Respondents: Mr.S.S.Tope Advocate for Respondent 5 : Mr. R.P. Bhumkar ...

CORAM : R. M. BORDE & V.K. JADHAV, JJ.

Dated: March 25, 2015 ...

PER COURT :- 1.

The petitioners are praying for quashment of the final list of voters published on 12.2.2015 on the ground that the names of the petitioners and 224 similarly situate members have not been enlisted in the final list of voters.

2.

An affidavit-in-reply has been presented on behalf of the respondent no.2, wherein it is stated that the Society did not include the names of the 224 members in the preliminary voters list for the reason that, such of those members failed to deposit requisite amount in the share account so also requisite admission fees has also not been paid by such of those members. It is noticed that programme of election is at advanced stage and recording of votes is prescribed on 29.3.2015. 3.

In this view of the matter and in view of the judgment of the Supreme Court in the matter of Shri Sant Sadguru

WP 2339.15.odt Janardhan Swami (Mounigiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. The State of Maharashtra and others reported in (2001) 8 SCC 509, Writ Petition does not deserve consideration. Writ Petition stands rejected keeping option of the petitioner to avail of alternate remedy open in case of accrual of cause of action.

( V.K. JADHAV, J. ) ( R. M. BORDE, J. ) ...

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