Gita Baliram Tanawade And Others v. The State Of Maharashtra And Others

984_CA1564016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15640 OF 2016 IN WRIT PETITION NO. 10261 OF 2016 Gita Balirram Tanawade and Others ..APPLICANTS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.B. Parnere, Advocate for applicants.

Mr. R.B. Shinde, A.G.P. for Respondent No.1.

Mr. S.K. Kadam, Advocate for Respondent Nos. 2 to 4. Mr. K.D. Bade Patil, Advocate for Respondent No.5. ....

CORAM : T.V. NALAWADE, J.

DATED : 01st DECEMBER, 2016 ORDER :

1.

Mr. Parenere, learned Counsel for applicant, Mr. Kadam, learned Counsel for Commissioner of State Co-operative Election Authority and District Co-operative Election Officer and Mr. Bade Patil, learned Counsel for society are present.

2.

The order made by this Court is self explanatory and further order is made to allow the District Co-operative Election Officer to make corrections in the voters list by this Court. It appears that the applicant 1 / 2

984_CA1564016.odt has new grievance that some names were not supplied to the autditor who conducted audit in the year 2013-14 and due to that there is possibility that 125 names in whose favour resolutions were made will not be there in the voters list.

3.

This Court had directed the District Co-operative Election Officer to compare the resolutions with the audit report as only on the basis of resolution nobody became members and he is to pay share capital. This Court went with presumption that the auditor had seen everything including accounts in respect of share capital and the names of persons who had paid the share capital and so this list considered by the auditor and the names in the audit report were to be used for comparing the names of persons who were to be given membership as per the resolution. If in the past there was some mischief that names of some members were not supplied to the auditor, at this stage, nothing can be done with the mischief and so there is no ground to make any clarification of the order. Application stands rejected.

( T.V. NALAWADE, J. ) SSD 2 / 2