Achutrao Girirao Patil Salunke v. The State Co Operative Election Commission Maharashtra State, Pune And Others

911 WP 12268 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.12268 OF 2021 ACHUTRAO GIRIRAO PATIL SALUNKE

VERSUS

THE STATE CO OPERATIVE ELECTION COMMISSION MAHARASHTRA STATE, PUNE AND OTHERS ...

Advocate for Petitioner : Mr. Khande Avinash A. Advocate for Respondent Nos. 1 & 2 : Mr. V. H. Dighe. Advocate for Respondent No. 6 : Mr. Bhausaheb B. Bhise.

CORAM

: MANGESH S. PATIL, J.

DATE : 17.11.2021.

PER COURT :

Heard both the sides finally.

2.

The election in respect of the respondent No. 6-Bank under the Maharashtra Co-Operative Societies Act, 1960 is under way. 3.

The petitioner is aggrieved by rejection of his nomination by the impugned order passed by the Returning Officer. 4.

The matter pertains to an election in respect of a Co-Operative Society under the Maharashtra Co-Operative Societies Act. This Court has already taken a view that the observations and the conclusions drawn by the full Bench of this Court in the matter of Karmaveer Tulshiram Autade and Ors Vs. State Election Commission, Mumbai and Ors., 2021 (2) Mh.L.J. 349 which pertain to a similar issue in respect of election to the Gram Pachayat under the Maharashtra Village Panchayat Act, can be followed by analogy. 5.

It is also being informed at the Bar that the decision of this Court dated 05.11.2021 was challenged before the Supreme Court but it has refused to entertain it.

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911 WP 12268 21.odt

6. For the self-same reasons as have been given in the order dated 05.11.2021 in Writ Petition No. 12006/2021 and connected matters, the Writ Petition is dismissed keeping open the avenue of preferring an Election Petition. All the issues are kept open.

(MANGESH S. PATIL, J.) mkd/- 2/2