Shyamrao Girjaji Sontakke v. The State Of Maharashtra Through Secretary And Others

946-WP-4674-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4674 OF 2022 SHYAMRAO GIRJAJI SONTAKKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

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

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 26th APRIL, 2022.

P. C.

1.

The objection raised by the Petitioner for deletion of names of 106 members from the final voters list of Respondent No.5/Society, is rejected by the Respondent No.3/District Co-operative Election Officer. The Petitioner alongwith objection submitted certificate of the Talathi that those 106 members do not possess 10 R land in the area of operation of Respondent No.5/Society. At the time of consideration of the said objection, the Talathi has submitted before Respondent No.3 that earlier certificates issued by him, be treated as canceled. 2.

The learned Advocate for Respondent Nos. 2 to 4 states that final

946-WP-4674-2022.doc voters list is published today.

3.

This petition raises several disputed questions of facts, which 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..