Suresh Tarachand Khairnar v. Ravindra Sahebrao Patil And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10376 OF 2017 VANJI BABURAO PATIL

VERSUS

VASANT SAHEBRAO PATIL AND OTHERS WITH WRIT PETITION NO. 10377 OF 2017 SURESH TARACHAND KHAIRNAR

VERSUS

RAVINDRA SAHEBRAO PATIL AND OTHERS WITH WRIT PETITION NO. 10378 OF 2017 SURESH TARACHAND KHAIRNAR

VERSUS

KIRAN MOTILAL DAHAD AND OTHERS ...

Advocate for Petitioners : Shri Nagargoje Ankush N. Advocate for Respondents 2 & 3 : Shri S.K.Kadam AGP for Respondents 4 & 5 : Shri Kendre S.N.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: August 21, 2017 ...

PER COURT :- 1.

I have heard the strenuous submissions of the learned Advocate for the petitioners in these matters. 2.

Grievance is that those candidates who suffered a

disqualification under Section 27(10) and Section 73CA of the Maharashtra Cooperative Societies Act, 1960 have been successful in getting their nominations validated, despite the objections of these petitioners.

3.

Learned counsel for the petitioners submits, on instructions from the petitioners present in the Court that they may be permitted to withdraw these petitions and avail of a remedy, either under Section 73CA of the MCS Act or under Rule 78 of the MCS Rules, 2014 for challenging the elections of the concerned candidates.

4.

It is requested that if such a challenge is posed, it may be directed that the said proceedings shall be decided within six months.

5.

Considering the above, these petitions are disposed off as withdrawn, on instructions, with liberty to resort to the available remedy for challenging the election of respondent No.1 in these petitions, if so elected. If such proceedings are initiated by these petitioners, the appropriate authority dealing with such petitions, would endeavour to decide the

said proceedings within a period of 18 months from the date of filing.

( RAVINDRA V. GHUGE, J. ) ...

akl/d