Girjamata Labour Co Operative Society Ltd Through Its Chairman v. The State Of Maharashtra Through The Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14360 OF 2023 GIRJAMATA LABOUR COOPERATIVE SOCIETY LTD.

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Mr. A. R. Devakate, Advocate for the Petitioners Mr. S. G. Karlekar, AGP for the State Mr. S. K. Kadam, Advocate for Respondents 2 and 3

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 9th November, 2023 ORDER:

1.

This matter is taken on the production board in view of the urgency expressed.

2.

We have heard the learned Advocate for the Petitioner and the Respondents. We have perused Section 11 of the Maharashtra Cooperative Societies Act, 1960. With the assistance of the learned Advocates, we have gone through the Petition paper book and the election programme which has been declared. The provisional voters list has been published on 02.11.2023 and time for raising objections is up to 13.11.2023.

3.

Considering the cause of action put forth by the Petitioner, it apparent that Section 11 proceeding would redress his grievance.

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In view of the above, this petition is disposed off with liberty to the Petitioner, on the one hand, to raise objections on any names set out in the provisional voters list till 13.11.2023 since the final voters list would be published on 16.11.2023 and on the other hand, tender a fresh application to the Assistant Registrar, Cooperative Societies of the respective Talukas under Section 11.

5.

Let such authorities deal with such applications by following the due procedure laid down in law and by granting reasonable opportunity of hearing to all the stakeholders. 6.

We are not setting forth any time line considering that the election programme has been declared.

7.

The Petitioner would be at liberty to bank on the verdict of such authorities, in the event any election dispute is raised after the election. ` ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan