Mahadeo Narayan Ingale And Another v. The Additional Registrar And Special Registrar Cooperative Societies And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5501 OF 2015 WITH WRIT PETITION NO.5502 OF 2015 WITH WRIT PETITION NO.5503 OF 2015 WITH WRIT PETITION NO.5504 OF 2015 WITH WRIT PETITION NO.5505 OF 2015 WITH WRIT PETITION NO.5506 OF 2015 WITH WRIT PETITION NO.5507 OF 2015 WITH WRIT PETITION NO.5508 OF 2015 Mahadeo s/o Narayan Ingale, Age: 32 years, Occ: Agri., R/o. Anegaon, Tq. Kaij, Dist. Beed and another.

...Petitioners

versus The Additional Registrar and Special Registrar, Co-operative Societies, Maharashtra State, Pune and others.

...Respondents

.....

Mr. V.C. Patil Ashtekar , Advocate for petitioners. Mr. A.V. Deshmukh, Mr. U.S. Mote, Mr. S.D. Kaldate, Mr. V.P. Kadam,A.G.Ps. for respondent Nos. 1 & 2.

Mr. D.K. Borkar, Advocate h/f Mr. D.G. Kamble, Advocate for respondent No. 3.

Mr. H.P. Jadhav, Advocate for respondent No. 4. .....

CORAM : P.R. BORA, J.

DATE : 2nd JUNE, 2015 [VACATION COURT]

-2ORAL ORDER :

All these petitions are filed by the petitioners challenging the acceptance of nominations of respondent No. 4 in each of these petitions. It is the contention of the petitioners that on the date of acceptance of nomination of respondent No. 4 in each of these petitions was defaulter and in spite of that, their nominations have been accepted. It is the further contention of the petitioners that the objection to that effect was raised by the petitioners but was not considered by the Returning Officer.

2.

I have perused the documents filed on record by the petitioners, which contain election programme of the election in question which is at Page-8 of the paper book marked at Exhibit-A. According to the programme of the election, the nominations were to be filed on or before 15/05/2015 and the scrutiny of the nominations was to be held on 16/05/2015. The list of validly nominated candidates was to be published on 18/05/2015. The date of withdrawal of candidature was fixed on 20/05/2015 and date of voting is scheduled on 05/06/2015. From the election programme, it appears that election process has proceeded further and only voting is yet to take place. Since the election process is in its mid-way, in

-3view of the judgment of the Supreme Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another vs. State of Maharashtra and others reported in 2002(1) Mh.L.J. 659, no interference is called for in the present petitions. It would be open for the petitioners to avail remedy available in law after completion of election process. It is clarified that this court has not dealt with the contentions raised in the petitions on their merit and all such contentions are kept open to be agitated by the petitioners in the appropriate proceedings, if so desired.

3.

With aforesaid liberty, writ petitions stand disposed of. [ P.R. BORA, J. ] Tupe/02.06.15