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Bombay High CourtWP/10181/2025disposed off

Dinesh Baburao Wagh v. The State Co Operative Election Authority M.S. Pune And Others

2025-11-28Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:32987-DB

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 1015 WRIT PETITION NO. 10181 OF 2025 Dinesh Baburao Wagh

VERSUS

The State Co Operative Election Authority M. S. Pune And Others ...

Advocate for the Petitioner : Mr. Kawale Laxman H. AGP for Respondents: Mr. S. G. Joshi Advocate for Respondents No.1 and 2 : Mr. S. K. Kadam Advocate for Respondent No.5 : None Present Advocate for Respondent No.3 : None Present ...

CORAM : ARUN R. PEDNEKER, J.

Dated : November 28, 2025.

PER COURT :- 1.

Heard.

2.

The petitioner challenges the order passed by the District Co-operative Election Officer (respondent No. 2), whereby the petitioner's objection regarding the disqualification of respondent No. 4 from representing respondent No. 3 - Society was rejected. According to the petitioner, respondent No. 4 was a defaulter as on the cut-off date and, therefore, not eligible to represent the Society.

3.

The Election Officer rejected the objection on the ground that respondent No. 4 had cleared all outstanding dues. The learned Counsel for the petitioner submits that the dues were paid after the cut-off date and, therefore, the disqualification ought to have remained operative. This, however, is a matter requiring adjudication in appropriate proceedings. Page 1 of

1015 WP 10181-2025 4.

It is noted that the election process is already at an advanced stage and that respondent No. 4 is not contesting the election. His role is confined only to exercising the right to vote on behalf of respondent No. 3 - Society.

5.

Considering the above circumstances, the writ petition is disposed of with liberty to the petitioner to avail such alternate remedy as may be available in law to challenge the eligibility or representation of respondent No. 4 before the competent forum.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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