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Bombay High CourtWP/4925/2022dismissed

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

2022-05-02Hon'Ble Shri Justice N. B. Suryawanshi2 pages

1 26-WP-4925-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4925 OF 2022 CHANDRAKANT PURBHAJI PAUL

VERSUS

THE STATE CO-OPERATIVE ELECTION ATHORITY 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 claims that 88 new members are included in the voters' list of respondent No.4 Society. The respondents oppose this contention on the ground that some of them are old members and those who are new they were given membership in the year 2018. 2.

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

2 26-WP-4925-22.odt 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