Mangesh Shankar Tupatkar And Others v. The District Co-Op. Election Officer, Cum District Dy. Registrar Of Co-Op. Society Amravati And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.216 OF 2022 1.

Mangesh Shankar Tupatkar Aged 45, Occ: Agriculturist, 2.

Manoj Dnyaneshwar Dhoke Aged 45, Occ: Agriculturist, 3.

Rajendra Vishwanath Jadhav Aged 60, Occ: Agriculturist, Vasudev Haribhau Dhoke Aged 65, Occ: Agriculturist, 5.

Kusum Devrao Tupatkar Aged 60, Occ: Household, 6.

Bebi Shankar Tupatkar Aged 65, Occ: Agriculturist,

7.

Pralhad Namdev Dhavne Aged 55, Occ: Agriculturist, 8.

Pandurang Bhagwan Manjre Aged 55, Occ: Agriculturist, 9.

Chhabubai Shrikrushna Metkar Aged 60, Occ: Agriculturist, 10.

Janardhan Uttam Metkar Aged 60, Occ: Agriculturist, 11.

Dinesh Shrikrushna Metkar Aged 45, Occ: Service, 12.

Dilip Babarao Metkar Aged 45, Occ: Agriculturist, 13.

Bhaskar Atmaram Metkar Aged 65, Occ: Agriculturist,

14.

Rambhau Uttam Metkar Aged 52, Occ: Agriculturist, 15.

Dhanraj Dnyanuji Mehenge Aged 55, Occ: Agriculturist, 16.

Sandeep Ashok Lokhande Aged 30, Occ: Agriculturist, 17.

Dilip Shamrao More Aged 52, Occ: Agriculturist, 18.

Vimal Dhanpal Waghmare Aged 38, Occ: Agriculturist, 19.

Gunvant Govind Solanke Aged 55, Occ: Agriculturist, 20.

Nalu Narayan Solanke Aged 50, Occ: Agriculturist, ....... PETITIONERS ...V E R S U S...

1.

The District Co-operative Election Officer, Cum District Deputy Registrar of Co-operative Society Amravati, Sahakar Sankul, Kanta Nagar, Amravati, Tq. & Dist. Amravati.

2.

Waghoda Seva Sahakari Sanstha Regn.

No.1198, Waghoda, Tq. Nandgaon Khandeshwar, District Amravati through its Secretary.

3.

Omprakash s/o Tukaram Sawale Aged about 45 years, Occupation: Agriculturist.

Vinod s/o Bhimrao Jagtap Aged 45 years, Occupation: Agriculturist.

Resp. Nos.3 & 4, R/o Waghoda, District Amravati.

....... RE SPONDENT S -------------------------------------------------------------------------------------------- Mr. P. B. Patil, Advocate for Petitioners.

Mr. D. P. Thakare, Addl. GP for Respondents 1 & 2/State. Mr. H. D. Dangre, Advocate with Mr. N. A. Gawande, Advocate for Respondents 3 & 4.

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CORAM:

ROHIT B. DEO , J.

DATE:

th JANUARY, .

ORAL JUDGMENT:

Heard.

2.

Rule.

3.

With consent, the petition is heard finally.

The petitioners are challenging the decision of the District Co-operative Election Officer - respondent 1 to hold the petitioners disqualified for inclusion in the voters list of the elections of respondents 2 - society.

5.

It is not in dispute that the names of the petitioners were included in the provisional voters list, and are deleted while finalizing the final voters list.

6.

It is further not in dispute that the deletion is ordered without hearing the petitioners.

7.

Several preliminary objections are raised. Without prejudice to any of the objections to the tenability of the petition, it is fairly agreed by the parties including the State, that in the peculiar facts, the petitioners can be heard before taking a decision on their deletion, or otherwise.

8.

The deletion of the names of the petitioners from the provisional voters list is set aside.

9.

The matter is remitted to the respondent 1, who shall

hear the petitioners and take an appropriate decision within seven days from the appearance of the petitioners. The petitioners shall appear before the District Deputy Registrar on 20.01.2022 along with every material on which the petitioners intend to rely. 10.

No separate notice shall be necessary.

11.

The petition is disposed of in the aforestated terms. JUDGE NSN SHIVNARAYAN NIKHARE