Ravsaheb Sakharam Zaware v. The State Of Maharashtra Through Its Principal Secretary And Others

917-WP-4555-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4555 OF 2022 RAVSAHEB SAKHARAM ZAWARE

VERSUS

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

Advocate for Petitioner : Mr. S.S. Thombre h/f Mr. Karad Murlidhar S Advocate for Respondent Nos. 2 and 3 : Mr. V. H. Dighe Advocate for Respondent No.1 : Mr. Yashwant P. Jadhav h/f Mr. V. D. Salunke ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 22nd APRIL, 2022.

P. C.

1.

The names of Respondent Nos.7 to 150 were included in the final voter's list of Respondent No.5/Society at the instance of Respondent No.6. The Petitioner is aggrieved by the same. 2.

The Petitioner contends that there is no material on record to show that the Respondents have deposited the membership fees and nothing was produced before the Respondent No.3/Election Officer in that behalf. 3.

This petition raises disputed questions of facts, election process is at in-advance stage. It is therefore not possible to entertain this Writ Petition.

917-WP-4555-2022.doc 4.

The learned Advocate for the Petitioner relied on the decision of this Court in WP-2889/2022 and connected matters. According to him, the said decision is rendered in similar circumstances, hence present petition may be entertained.

.

In those petitions, the names of Petitioners therein, were deleted without giving an opportunity of hearing to the Petitioners. Such are not facts of the present case.

5.

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 Petitioner has alternate remedy available. 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, J.] Najeeb..