Narendra Uttam Marathe v. The State Of Maharashtra And Others

{1} 917 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6000 OF 2015 WITH CA/2834/2023 IN WP/6000/2015 WITH CA/6944/2015 IN WP/6000/2015 NARENDRA UTTAM MARATHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Amol S. Sawant AGP for Respondent Nos. 1, 3 to 6 : Mr. A.R. Kale. Advocate for respondent No,.2 : Mr. S.K. Kadam. Advocate for respondent No. 7 : Mr. N.V. Gaware. CORAM : NITIN W. SAMBRE & S.G. CHAPALGAONKAR, JJ.

DATE : 10th MARCH 2023 P.C.:- Mr. Sawant, learned counsel for the petitioner submits that by efflux of time except prayer clause (A), rest of the prayers are rendered infructuous.

2.

According to him, the elections of respondent No.7 society are over due as the tenure of the existing managing committee has come to an end in 2020.

3.

In view of above, the only prayer which requires consideration is prayer clause (a), which deals with the election of the respondent No.7 society.

{2} 917 sr.no..odt 4.

It is not in dispute that the respondent No.2 is duty bound to conduct the elections in accordance with the provisions of the Maharashtra Cooperative Societies Act and the Rules framed thereunder, read with bye-laws. As such, Mr. S.K. Kadam, learned counsel for respondent No.2, on instructions, submits that appropriate directions to the respondent No.7 shall be issued directing submission of voters list and cost of the election within a period of one week from today. 5.

Once such communication is issued to respondent No.7, we direct the respondent No.7 to comply with the same expeditiously, so as to enable the respondent No.2 to complete the election process, in any case, within a period of four months, as has been assured by Mr. Kadam, from the date of passing this order.

6.

Petition accordingly stands disposed of. Pending civil application stands disposed of.

[S.G. CHAPALGAONKAR] [NITIN W. SAMBRE] JUDGE JUDGE grt/-