Shyamrao Giraji Sontakke v. The State Of Maharashtra Through Its Secrtary And Others

949-WP-4677-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4677 OF 2022 SHYAMRAO GIRAJI SONTAKKE

VERSUS

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

Advocate for Petitioner : Mr. Bachate Pralhad D. AGP for Respondents-State : Mr. S. N. Kendre Advocate for Respondent Nos. 2 to 4 : Mr. V. H. Dighe ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 26th APRIL, 2022.

P. C.

1.

The Petitioner is aggrieved by the inclusion of 57 names in the final voters list of Respondent No.5/Society. The impugned order is passed on the basis of remark of the Secretary of Respondent No.5/Society, that the names of 57 persons are appearing in the share register and their names can be included in the list of non-borrower members.

2.

The learned Advocate for Respondent Nos. 2 to 4 states that final voters list is published today.

3.

This petition raises several disputed questions of facts, which

949-WP-4677-2022.doc cannot be gone into at this stage in extraordinary writ jurisdiction. 4.

In the light of Division Bench 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 contentions of the Petitioner are kept open.

[NITIN B. SURYAWANSHI, J.] Najeeb..