Sanjeev Namdeorao Masare And Others v. The State Cooperative Election Authority Through Its Secretary And Others

10265.23WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO. 10265 OF 2023 SANJEEV NAMDEORAO MASARE AND OTHERS

VERSUS

THE STATE COOPERATIVE ELECTION AUTHORITY & OTHERS ...

Advocate for the petitioners : Mr.S.S.Patil Advocate for Respondent nos.1 and 2 : Mr.V.H.Dighe Advocate for Respondent no.4 : Mr.P.S.Shendurnikar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :05.09.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The learned Advocate Mr.Dighe for the respondent nos.1 and 2 has pointed out the provisions in bye-law of society at bye-law no.21 (B), Tip No. 3 wherein it is provided that the person, who is not holding the block, would not be entitled to vote in the society. 3] In view of the same, there is no gross illegality in the impugned order that this Court should exercise writ jurisdiction on the face of available alternate remedy. Thus,

10265.23WP the present Writ Petition is disposed of with liberty to the petitioners to avail appropriate alternate remedy as may be available in law.

4] Observations made here, not to prejudice the right of the petitioners in the event they file appropriate proceedings.

[ARUN R. PEDNEKER] JUDGE DDC