Chandrakant Purbhaji Paul v. The State Co-Operative Election Authority Through Secretary And Others

1 24-WP-4922-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4922 OF 2022 CHANDRAKANT PURBHAJI PAUL

VERSUS

THE STATE CO-OPERATIVE ELECTION AUTHORITY THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Kamlakar J. Suryawanshi Advocate for Respondents No.1 to 3 : Mr. V. H. Dighe Advocate for Respondent No.4 : Mr. L. H. Kawale Advocate for Respondent Nos.5 : Mr. S. R. Bagal ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 02nd MAY, 2022 PER COURT :

1.

The petitioner is aggrieved by the inclusion of 46 members' names in the final voters' list of respondent No.4 Society, by the impugned order passed by respondent No.2. The petitioner claims that they are not valid members and are not entitled to vote in the election. The respondents oppose the contention of the petitioner that they are not valid members contending that they have voted in the earlier election. They have deposited increased share amount and therefore, they are entitled to vote.

2.

Since the petition raises several disputed questions of facts, which cannot be gone into at this stage, this Court is not inclined to

2 24-WP-4922-22.odt exercise extraordinary jurisdiction in favour of the petitioner. 3.

In the light of Dattatray Genaba Lole and Others Vs. The Divisional Joint Registrar, Cooperative Societies, Pune and Others, reported in 2022(1) BomCR 471, the petitioner has alternate and efficacious remedy available.

4.

In the light of the above, writ petition is dismissed with liberty to the petitioner to avail alternate remedy. All the contentions of the petitioner are kept open.

(NITIN B. SURYAWANSHI, J.) SVH