Gajanan Kisanrao Sanap And Another v. The Commissioner State Co-Operative Election Authority And Others

947-WP-4675-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4675 OF 2022 GAJANAN KISANRAO SANAP AND ANOTHER

VERSUS

THE COMMISSIONER STATE CO-OPERATIVE ELECTION AUTHORITY AND OTHERS ...

Advocate for Petitioners : Mr. Kale Ajeet B.

Advocate for Respondent Nos. 1 and 2 : Mr. V. H. Dighe ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 26th APRIL, 2022.

P. C.

1.

At the outset, learned Advocate for the Petitioners seeks deletion of prayer clause C. Permission is granted. Amendment to be carried out forthwith.

2.

By this petition, the Petitioners are seeking deletion the names of 95 members (Respondent No.4 to 98) from the provisional voters list of Respondent No.3/Society.

3.

Since this petition raises several disputed questions of fact, it is not possible to entertain the petition at this stage, as the election is going on.

947-WP-4675-2022.doc 4.

In view of the 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 Petitioners have alternate remedy. Writ Petition is, therefore, dismissed with liberty to the Petitioners to avail alternate remedy. All contentions of the Petitioners are kept open.

5.

The Petitioners to convey the office in respect of payment of the deficit Court fee.

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