Vikram Ramrao Gaikwad v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5567 OF 2022 Vikram S/o Ramrao Gaikwad Petitioner

Versus

The State of Maharashtra & others Respondents Mr. S. K. Chavan, Advocate for the petitioner. Mr. S. G. Sangle, AGP for respondents No. 1, 3 and 5. Mr. S. K. Kadam, Advocate for respondents No. 2, 4 and 6. CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE : 16th JUNE, 2022.

PER COURT :

1.

The petitioner has put forth prayer clauses 'B' and 'C' as under :- B) By issuing writ of mandamus or any other appropriate writ, Order or directions in the like nature, the Respondents No. 3 and/or Respondent No. 5 may kindly be directed to decide the pending application of the petitioner preferred U/Section 11 of the M.C.S. Act dated 11/05/2022 forthwith or at any case on or before 15/03/2022 thereby decide the issue of membership of Respondents No. 8 to 56 and in furtherance in the event, the Respondents No. 8 to 56 held to be invalid/illegal members of the Respondent No. 7 society, their names shall be deleted from the list of membership and fnal voters list of Respondent No. 7 society.

- 2 - wp5567.22.odt C) By issuing writ of certiorari or any other appropriate Writ, Order or directions in the like nature, thereby the fnal voters list published by the Respondent No. 6 dated 28/03/2022 may kindly be quashed and set aside and modifed by deleting the names of Respondents No. 8 to 56 therein.

2.

Since the elections have already been held on 16th May, 2022, the learned Advocate submits that prayer clause 'C' is rendered infructuous.

3.

Considering the above, this petition is disposed off with a direction to the respondent No. 5 to decide the application dated 10th June, 2022 (earlier application dated 11th May, 2022), fled by the petitioner under Section 11 of the Maharashtra Co-operative Societies Act, 1960, by following the due procedure laid down in law, on or before 5th July, 2022, as notices have already been issued to the parties and they have appeared in the proceedings. ( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) Judge Judge dyb