Bombay High CourtWP/1330/2016dispossed offdismiss for default

Manoharrao Manikrao Nirmal v. Deputy Registrar Cooperative Society Amravati And Others

2016-03-11Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

1103wp1330.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1330/2016 Manoharrao Manikrao Nirmal ...Versus...

Deputy Registrar Co-operative Society, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Patil, Advocate for petitioner Shri A.M. Joshi, AGP for respondent no.1 Smt. Neeta Jog Adv. with Ms Sapkal, Adv. for Intervenor CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 11.03.2016 The only prayer made by the petitioner is for a direction to the respondent no.1 to decide the objection to the membership of 40 members under Section 11 of the Maharashtra Cooperative Societies Act, 1960 before the actual date of voting. By an interim order, dated 4.3.2016 we had permitted the elections to proceed but had directed that the votes of 40 members should be counted subject to the decision of the respondent no.1 to the eligibility of the concerned voters to vote at the elections.

Shri A.M. Joshi, the learned Assistant Government Pleader appearing on behalf of the respondent no.1 states that the respondent no.1 is taking appropriate steps in the matter for deciding the objections in regard to the 40 members and also in

1103wp1330.16.odt respect of the other 34 members, as raised by the intervenor. It is stated that all the objections that are filed before the due date would be considered by the respondent no.1.

By accepting the statement made by the learned Assistant Government Pleader on behalf of the respondent no.1, we dispose of the writ petition with no order as to costs. It is made clear that the results of the elections should be declared after the objections are decided by either counting or refusing to count the votes as per the decision. The disputed votes should be kept in separate ballot boxes while conducting the elections.

Order accordingly.

Steno copy of this order is granted.

JUDGE JUDGE Wadkar