Anup Dnyanoba Shelke v. Babu Hanmantrao Khandade And Others

916 WP 12257 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO.12257 OF 2021 ANUP DNYANOBA SHELKE

VERSUS

BABU HANMANTRAO KHANDADE AND OTHERS ...

Advocate for Petitioners : Mr. Choudhary D. J. Advocate for Respondent No. 2 : Mr. V. H. Dighe. Advocate for Respondent No. 3 : Mr. Bhausaheb B. Bhise. Advocate for Respondent No. 4 : Mr. Abhijit Choudhari.

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. 3-Bank under the Maharashtra Co-Operative Societies Act, 1960 is under way. 3.

The petitioner is aggrieved by rejection of his objection to the nomination of the contesting respondent No. 1. 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.

1/2

916 WP 12257 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