Nilesh Krushnarao Jane And Others v. District Deputy Registrar, Co-Operative Societies, Amravati And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

1.

Suresh Vishnuji Tatte, aged 49 Adult, Occupation : Agriculturist.

Arvind Vishnuji Tatte, Aged 54 Adult, Occupation : Agriculturist.

Dnyaneshwar Vishnuji Tatte, aged 55, Adult, Occupation :

Agriculturist.

Sunil Pandhari Deshmukh, Aged 46 Adult, Occupation : Agriculturist Nana Tulshiram Tatte, Aged 60 Adult, Occupation : Agriculturist 6.

Mandabai Rameshrao Deshmukh, Aged 60 Adult, Occupation :

Agriculturist All 1 to 6 R/o At Post : Shirkhed, Tq. Morshi, district - Amravati.

.... PETITIONER // VERSUS // 1.

District Deputy Registrar, Cooperative Societies, Amravati. Asst. Registrar, Co-operative Societies, Morshi, District - Shrikhed Sewa Sahakari Society, Registration No. 651, through its Secretary.

Rajendra Shriram Parve, Aged - Adult, Occupation : Agriculturist, R/ o At Post Shirkhed, Tq. Morshi,

District Amravati.

.... RESPONDENT W ITH WRIT PETITION NO. 1875 OF 20 1.

Nilesh Krushnarao Jane, Aged - 40 Adult, Occupation : Agriculturist Nalini Janrao Tatte, Aged 65 Adult, Occupation : Agriculturist Anil Punjabrao Tatte, Aged 50 Adult, Occupation : Agriculturist Ujjawala Anil Tatte, Aged 47 Adult, Occupation : Agriculturist Nivrutti Sureshrao Deshmukh, Aged - 35 Adult, Occupation :

Agriculturist 6.

Ramchandra Vikram Bobde, Aged Adult, Occupation : Agriculturist 7.

Shantabai Digambar Gomkale, Aged 63 Adult, Occuption :

Agriculturist 8.

Devidas Shyamrao Deshmukh, Aged 46 Adult, Occupation :

Agriculturist All 1 to 8 R/o At Post : Shirkhed, Tq. Morshi, District - Amravati.

.... PETITIONERS // VERSUS // 1.

District Deputy Registrar, Cooperative Societies, Amravati. Asst. Registrar, Co-operative Societies, Morshi, District -

Shrikhed Sewa Sahakari Society, Registration No. 651, through its Secretary.

Sachin Anilrao Thoke, Aged - Adult, Occupation : Agriculturist, R/o At Post, Shirkhed, Tq. Morshi, District .... RESPONDENT _______________________________________________________________ Shri K.P. Mahalle, Advocate for the petitioners. Shri Ukey, Addl. G.P. for respondent nos. 1 and 2. ______________________________________________________________ CORAM :

ROHIT B. DEO, J.

DATED :

06.04.2022.

ORAL JUDGMENT :

Heard. RULE. With consent, the petitions are heard finally. On the last date of hearing, this Court passed the following order :

"Since the submission is that the names of the petitioners are deleted from the Voters List without hearing, the learned Additional G.P. Mr. Ukey, is requested to obtain telephonic instructions from respondents 1 and 2, whether the submission is factually correct.

List these petitions on 06.04.2022."

Today, the learned Additional Government Pleader Mr. Ukey fairly states that the instructions received are that the hearing was not

granted. A copy of the communication dated 05.04.2022 addressed by the District Co-operative Election Officer, is produced on the record. Considering that the names of the petitioners are deleted from the Voters list without hearing them, the order impugned is set aside and the matter is remanded to the respondent 1 for passing fresh order after hearing the petitioners and the other stake holders. The petitioners shall appear before the respondent 1 on 08.04.2022. No separate notice shall be necessary.

The petitions are disposed of in the afore-stated terms. The parties to act on steno copy.

(ROHIT B. DEO, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 06.04.2022 17:23