Kisanrao Sahebrao Bodkhe v. Assistant Registrar Of Cooperative Societies, Telhara, Akola And Others

912. WP 1581 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1581/2023 Kisanrao Sahebrao Bodkhe ...Versus...

Assistant Registrar of Cooperative Societies, Telhara, Tq. Telhara, District - Akola and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri R.D. Karode, Advocate for petitioner Ms Tajwar Khan, AGP for respondent no.1 CORAM : AVINASH G. GHAROTE, J.

DATE : 14/03/2023 1.

Heard Shri R.D. Karode, learned counsel for the petitioner and Ms Tajwar Khan, learned Assistant Government Pleader for the respondent no.1.

2.

It is an admitted position that when the objection was taken by virtue of the communication dated 08/03/2023 (pg.18) upon the nomination of the respondent no.4 regarding the respondent no.4 being a defaulter of the respondent no.3 - Society to the tune of Rs.1,87,546/- as per the certificate dated 08/03/2023 (pg.19), the certificate dated 08/03/2023 (pg.19) speaks about a contradictory position inasmuch as the printed part of the certificate indicates that the respondent no.4 is not

912. WP 1581 of 2023.odt in arrears, whereas the handwritten portion indicates he being in arrears, as a result of which, the Returning Officer by the impugned order has rejected the objection. The enquiry under Rule 25 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 is a summary enquiry, considering which, I do not see any reason to interfere in the impugned order as nothing uncontroverted was placed before the Returning Officer to substantiate the plea. The writ petition is dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR