Balasaheb Parabatrao Paul And Others v. The State Co Operative Election Authority Through Secretary And Others

1 37-WP-4959-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4959 OF 2022 BALASAHEB PARABATRAO PAUL AND OTHERS

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 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 02nd MAY, 2022 PER COURT :

1.

The petitioners' names are not included in the final voters' list of respondent No.4 Society. The impugned order passed by respondent No.2 states that the petitioners have failed to produce any document showing that they are having lands in the area of operation of respondent No.4 Society.

2.

The intervener has filed affidavit on record contending that even in the previous election, held in the year 2015, the petitioners' names were not there in the final voters' list of respondent No.4 Society. 3.

Since the petition raises several disputed questions of facts, this Court is not inclined to exercise extraordinary jurisdiction in favour of the petitioners at this stage.

2 37-WP-4959-22.odt 4.

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 petitioners have alternate and efficacious remedy available.

5.

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

(NITIN B. SURYAWANSHI, J.) SVH