Bombay High CourtWP/520/2016dismissedrule discharged

Shri. Sudhakar Bapuji Medpalliwar v. District Deputy Registrar Cooperative Societies And Dist Cooperative Election, Nagpur And Other

2016-01-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp520.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 520 OF 2016 (SUDHAKAR BAPUJI MEDPALLIWAR....VS..DISTRICT DEPUTY REGISTRAR, COOP SOCIETIES, & 12 OTHERS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JANUARY 27, 2016.

Heard Shri P.S.Tidke, advocate for the petitioner and Ms Rashi Deshpande, A.G.P. for the respondent Nos. 1 and 2.

The petitioner has challenged the decision of the Returning Officer to include names of the respondent Nos. 4 to 13-Societies in the final voters' list. It is the contention of the petitioner that column No.4 of the final voters' list requires the details of membership number of the society. It is submitted that the membership numbers are not shown in respect of the respondent Nos. 4 to 13-Societies which creates doubt that the societies are newly registered and the respondent Nos. 4 to 13-Societies are not eligible to vote as per the proviso below Section 27(3) of the Maharashtra Cooperative Societies Act, 1960. The learned A.G.P. has submitted that the election programme is declared and last date for submission of nomination papers is over and the date of withdrawal of the nomination papers is 2nd February, 2016. The learned A.G.P. has pointed out that the final voters' list is published on 31st December, 2015 and there has been latches on the part of the petitioner in moving this petition.

2 wp520.16 I find substance in the submissions made by the learned A.G.P. In view of the latches on the part of the petitioner, I am not inclined to entertain the grievance of the petitioner at this stage.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

It is clarified that the merits of the challenges raised by the petitioner are not examined by this Court and kept open for consideration at an appropriate stage, if occasion arises.

JUDGE RRaut..