Kishore Karbhari Dhanayat v. The Divisional Joint Registrar Co-Operative Societies And Others

1 W.P. No. 4424/2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 927.

WRIT PETITION NO. 4424 OF 2021 Kishor Karbhari Dhanayat, age 55 years occupation agriculture R/o Dhanayat Wasti, Jamgaon road, Gangapur Tal. Gangapur Dist. Aurangabad

...Petitioner

VERSUS

1.

The Divisional Joint Registrar, Co-operative Societies, Aurangabad 2.

The Returning Officer, The Aurangabad District Central Co-operative Bank Ltd., Aurangabad 3.

The Aurangabad District Central Co-operative Bank Ltd., Adalat road, Aurangabad

...Respondents

Mr. V.V. Tarde, Advocate for petitioner Mr. S.B. Pulkundwar, Asstt.Govt. Pleader for respondent No.1 Mr. V.H. Dighe, Advocate for respondent No.2 Mr. V.B. Kale, Advocate for respondent No.3 C ORAM : N.J. JAMADAR, J.

DATE : 10th March, 2021 ORAL ORDER :

Challenge in this petition is to an order dated 5th March 2021 passed by the Divisional Joint Registrar Co-operative Societies, Aurangabad, in an appeal U/S. 152-A of the Maharashtra Cooperative Societies Act, 1960, preferred by the petitioner against rejection of his nomination by the Returning Officer by an order

2 W.P. No. 4424/2021 dated 24th February 2021.

2.

The petitioner has submitted nomination for contesting election to the committee of respondent No.3-Bank, Federal Society. The Returning Officer rejected the nomination as the petitioner did not substantiate his claim of being eligible U/S. 73-B(3) of the Act, 1960. The appeal, thereagainst also came to be dismissed by the impugned order as the petitioner has not produced the documents in support of his claim that he was the office bearer of the Bhairavnath Majur Sahakari Sanstha.

3.

Indisputably, no document was produced before the Returning Officer to substantiate the claim nor it was produced before the Appellate Authority. In this backdrop, no fault can be found either with the order of the Returning Officer or the Appellate Authority.

4.

At this juncture, in exercise of the Writ Jurisdiction, no interference is warranted.

5.

Hence the petition stands dismissed.

( N.J. JAMADAR ) JUDGE Madkar