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Bombay High CourtWP/4401/2022dismissed

Prakash Bhaurao Patil v. The State Of Maharashtra And Others

2022-04-19Hon'Ble Shri Justice N. B. Suryawanshi2 pages

1 912-WP-4401-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4401 OF 2022 PRAKASH BHAURAO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. A. N. Irpatgire AGP for Respondents - State : Mr. S. B. Pulkundwar Advocate for Respondent Nos. 2 & 3 : Mr. S. K. Kadam ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 19TH APRIL, 2022 PER COURT :

1.

Objection taken by the petitioner to the nomination of respondent No.4 for contesting election of respondent No.5 Society is rejected by respondent No.3 returning officer. 2.

Since the petition raises several disputed questions of facts, this Court is not inclined to exercise extraordinary writ jurisdiction in favour of the petitioner at this stage.

3.

In the light of Dattatray Genaba Lole and Others Vs. The Divisional Joint Registrar, Cooperative Societies, Pune and Others, reported in 2022(1) BomCR 471, the petitioner has alternate and efficacious remedy available.

2 912-WP-4401-22.odt 4.

In the light of the above, writ petition is dismissed with liberty to the petitioner to avail alternate remedy. All the contentions of the petitione are kept open.

(NITIN B. SURYAWANSHI, J.) SVH