Vasantrao Shivdas Bholane v. The State Of Maharashtra And Others

wp5560.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 5560 OF 2015 Vasantrao Shivdas Bholane .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.G. Nandedkar, AGP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 8th JUNE, 2015 PER COURT :

1.

Learned counsel for petitioner is absent.

2.

Petitioner is praying for issuance of directions to respondent no. 2 to declare paid holiday on 04.06.2015, the date prescribed for recording votes in respect of elections to the Managing Committee of respondent no. 6 - society. Petitioner contends that since government servants are the members of the society either the date of poll shall be postponed to the public holiday i.e. 07.06.2015 or 04.06.2015 shall be declared as paid holiday.

3.

It is not a matter of dispute that votes have been recorded as scheduled on 04.06.2015. Directions issued by the Election Commission of India dated 06.04.1991 shall not have applicability in respect of elections to be conducted under the Co-operative Societies Act. The elections are

wp5560.15.doc required to be conducted by the State Co-operative Election authority constituted under the Act and, the said authority is empowered to issue necessary directions for conduct of elections. The members of respondent no. 6 - society are the government servants and the said fact itself is not a good ground for declaring 04.06.2015, the date prescribed for recording votes, as a holiday. Petition is devoid of substance hence stands rejected. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb