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Bombay High CourtWP/3834/2015disposed offdismissed for default

Baburao Madhavrao Jadhav v. Returning Officer, Vividh Karyakari Seva Sahakari Society Ltd, Latur And Others

2015-04-07Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

WP-3834.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 3834 OF 2015 Baburao s/o Madhavrao Jadhav ... Petitioner

Versus

The Returning Officer for the Election of Vividh Karyakari Seva Sahakari Society Ltd. Viral and others ... Respondents --- Mr. V. D. Gunale, Advocate for petitioner Mr. V. G. Shelke, Assistant Government Pleader for respondent No.3.

CORAM : SUNIL P. DESHMUKH, J.

DATE : 7TH APRIL, 2015

ORDER

1.

Heard Mr. Gunale, learned counsel for the petitioner. He submits that petitioner has been damned as defaulter without any demand from the society nor petitioner had any notice and as a matter of fact, he possesses no dues certificate from the bank. Learned counsel further submits that the orders rendered by the Election Officer as well as appellate authority are bad in law and are without following due procedure as well as rules of natural justice.

2.

Perusal of the election program shows that the date for withdrawal of nominations is already over and as such, it would

WP-3834.15 not be appropriate for this court to interfere with the advanced stages of election program. I am, therefore, not inclined to cause any interference in the impugned orders. However, it would be open for the petitioner to challenge rejection of his nomination at appropriate stage in appropriate proceedings, including election petition.

3.

Thus, this writ petition is not being entertained and is disposed of with observations as aforesaid.

SUNIL P. DESHMUKH, J.

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