Sachin Shankar Durge And Others v. The District Co-Op. Election Officer, Cum District Dy. Registrar Of Co-Op. Soc. Amravati And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO.
OF 1.
Sachin Shankar Durge Aged 40, Occp. Agriculturist, 2.
Bhavesh Subhash Bhamburkar Aged 40, Occp. Agriculturist, 3.
Yogita Manoj Dhoke Aged 40, Occp. Agriculturist, 4.
Archana Rajendra Tupatkar Aged 38, Occp. Agriculturist, 5.
Kirti Mangesh Tupatkar Aged 38, Occp. Agriculturist, 6.
Sampati Ravindra Tupatkar Aged 39, Occp. Agriculturist,
7.
Jija Shankar Thote Aged 55, Occp. Agriculturist, 8.
Usha Hukumchand Durge Aged 40, Occp. Agriculturist, 9.
Bebi Shankar Durge Aged 55, Occp. Agriculturist, 10.
Usha Dnyaneshwar Bagale Aged 60, Occp. Agriculturist, 11.
Kamla Bhaurao Mehenge Aged 55, Occp. Agriculturist, 12.
Kausal Dhanraj Mehenge Aged 55, Occp. Agriculturist, 13.
Bebi Pandurang Manjre Aged 50, Occp. Agriculturist,
14.
Ujwala Sudhir Metkar Aged 42, Occp. Agriculturist, 15.
Karuna Pramod Metkar Aged 55, Occp. Agriculturist, 16.
Dinesh Dhanraj Mehenge Aged 39, Occp. Agriculturist, 17.
Pramod Nanaji Metkar Aged 52, Occp. Agriculturist, 18.
Chhaya Sudhakar Metkar Aged 52, Occp. Agriculturist, 19.
Mangala Gopal Metkar Aged 38, Occp. Agriculturist, 20.
Rekha Dilip Metkar Aged 38, Occp. Agriculturist,
21.
Santosh Janardhan Metkar Aged 42, Occp. Agriculturist, 22.
Sadhana Rambhau Metkar Aged 40, Occp. Agriculturist, 23.
Sunanda Janardhan Metkar Aged 55, Occp. Agriculturist, 24.
Harsha Dilip More Aged 45, Occp. Agriculturist, 25.
Sheela Sudhakar Ramgaonkar Aged 52, Occp. Agriculturist, 26.
Sheela Ramdas Ramgaonkar Aged 42, Occp. Agriculturist, 27.
Saurapal Janrao Waghmare Aged 32, Occp. Agriculturist,
28.
Lata Homdev Wayke Aged 38, Occp. Agriculturist, 29.
Anjali Naresh Shendurkar Aged 38, Occp. Agriculturist, 30.
Sarla Liladhar Sultane Aged 50, Occp. Agriculturist, 31.
Pankaj Sudhakar Ramgaonkar Aged 42, Occp. Agriculturist, 32.
Swapnil Sudhakar Metkar Aged 38, Occp. Agriculturist, 33.
Tara Mahadev Solanke Aged 55, Occp. Agriculturist, 34.
Dhanita Gunvant Solanke Aged 50, Occp. Agriculturist,
35.
Sunanda Ambadas Dhakulkar Aged 60, Occp. Agriculturist, 36.
Amrapal Sahebrao Waghmare Aged 27, Occp. Agriculturist, 37.
Homdev Pralhad Wayke Aged 45, Occp. Agriculturist, 38.
Naresh Pralhad Shendurkar Aged 45, Occp. Agriculturst, 39.
Pawan Manohar Gavnar Aged 28, Occp. Agriculturist, 40.
Yogiraj Tulsiram Gulhane Aged 50, Occp. Agriculturist, 41.
Seema Anil Kalmegh Aged 38, Occp. Agriculturist,
42.
Shobha Bhaskar Kshirsagar Aged 55, Occp. Agriculturist, 43.
Pawan Bhaskar Kshirsagar Aged 28, Occp. Agriculturist, 44.
Kusum Vitthal Gavnar Aged 60, Occp. Agriculturist, 45.
Manohar Pundlik Gavnar Aged 55, Occp. Agriculturist, 46.
Pravina Devendra Gavnar Aged 35, Occp. Agriculturist, 47.
Rupali Yogiraj Gulhane Aged 45, Occp. Agriculturist, 48.
Dipali Laxman Ghanmode Aged 25, Occp. Agriculturist,
49.
Rupali Swapnil Chandurkar Aged 28, Occp. Agriculturist, 50.
Vandana Sadanand Jadhav Aged 60, Occp. Agriculturist, 51.
Chanda Pravin Dhakulkar Aged 50, Occp. Agriculturist, 52.
Chanda Ramesh Dhakulkar Aged 52, Occp. Agriculturist 53.
Pragati Ravindra Dhakulkar Aged Major, Occp. Agriculturist, 54.
Pravin Ambadas Dhakulkar Aged 38, Occp. Agriculturist, 55.
Seema Anil Dhakulkar Aged 35, Occp. Agriculturist,
56.
Sulochana Suresh Dhakulkar Aged Major, Occp. 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.
4.
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.
--------------------------------------------------------------------------------------------
CORAM:
ROHIT B. DEO , J.
DATE:
th JANUARY, .
ORAL JUDGMENT:
Heard.
2.
Rule.
3.
With consent, the petition is heard finally.
4.
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