Devidas Damodhar Nagwade And Another v. The State Of Maharashtra Through Its Secretary And Others

1 910-WP-45082-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4508 OF 2022 DEVIDAS DAMODHAR NAGWADE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Karpe Rahul R. AGP for Respondents/State: Mr. P. N. Kutti Advocate for Respondent Nos.2 & 3: Mr. V. H. Dighe ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 21st April, 2022 ORDER :

1.

The petitioners have raised objection seeking deletion of 63 persons from the membership register of respondent no.5/Society. The respondent no.3/Returning Officer has rejected the said objection. The said order is not impugned in the present petition. According to the petitioners, the petitioners have also approached the Assistant Registrar, Co-operative Societies, Newasa under Section 11 of the Maharashtra Co-operative Societies Act, 1960 (for short "the Act 1960") seeking deletion of the said members. The petitioners now seek a relief that the said proceedings filed by them before the

2 910-WP-45082-2022.odt Assistant Registrar, Co-operative Societies, Newasa on 12/04/2022 be directed to be decided before the date of finalization of the voters list on 25/04/2022.

2.

Since this petition raises several disputed questions of facts and as the date of finalization of voters list is 25/4/2022, it is not possible to direct the Assistant Registrar, Co-operative Societies, Newasa to decide the application filed by the petitioners within one day i.e. by tomorrow.

3.

In the light of decision in Dattatray Genaba Lole and Others Vs. The Divisional Joint Registrar, Co-operative Societies, Pune and Others, reported in 2022(1) BomCR 471, the petitioners have alternate efficacious remedy. The writ petition is, therefore, dismissed with liberty to the petitioners to avail alternate remedy. All contentions of the petitioners are kept open. [NITIN B. SURYAWANSHI, J.] Sameer