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Bombay High CourtWP/4271/2022dismissed

Santosh Dagdu Patil v. The State Of Maharashtra And Others

2022-04-22Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} wp4271-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4271 OF 2022 Santosh Dagdu Patil PETITIONER

VERSUS

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

Mr. Paresh B. Patil (Borse) Advocate for the petitioner Mr. S. N. Kendre, AGP for respondent - State Mr. V. H. Dighe, Advocate for respondent No.3 Mr. P. H. Patil, Advocate for respondent No.4 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 22 nd APRIL, 2022 ORDER :

1.

The petitioner raised objection to the nomination of respondent No.4 on the ground that he has not filled in the nomination form as per the rules. The objection of the petitioner was accepted by the returning officer and nomination of respondent No.4 was rejected. Respondent No.4 thereafter filed appeal under section 152A of the Maharashtra Co-operative Societies Act before respondent No.2. The said appeal is allowed, the petitioner is aggrieved by the said order. 2.

This petition raises several disputed questions of fact. The polling is scheduled on 24th April, 2022. The other contesting

{2} wp4271-22 candidates from the constituency in which respondent No.4 is contesting the election, are not arrayed as party respondents. 3.

In that view of the matter though the petitioner has good case on merits, in the light of the decision in the case of "Baghele Narottam Gendalal V/s State of Maharashtra and Others" 2016 (4) Mh.L.J. 353, this court is not inclined to entertain the writ petition as the election process is in advanced stage.

4.

In the light of the decision of the Division Bench of this Court at Principal Seat in Writ Petition No. 5878 of 2021 (Dattatray Genaba Lole and Others V/s The Divisional Joint Registrar Co-operative Societies, Pune and Others), the petitioner has alternate efficacious remedy.

5.

The writ petition is, therefore, dismissed with liberty to the petitioner to avail alternate remedy. All the contentions of the petitioner are kept open.

[NITIN B. SURYAWANSHI] JUDGE drp/wp4271-22