Ashok S/O Laxminarayan Gupta v. State Of Maharashtra Through, Department Of Coopertion, Marketing And Textiles

(1) 901wp3065.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3065/2025 Ashok Laxminarayan Gupta .Vs. State of Maharashtra through Department of Cooperation, Marketing and Textiles.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. L. Khapre, Senior Advocate assisted by Mr. V. A. Lohiya, Advocate for petitioner.

Mr. N. S. Autkar, A.G.P. for respondent No.1. Mr. S. S. Ghate, Advocate for respondent No.1A. Mr. A. M. Ghare, Advocate for respondent No.6 CORAM :

ANIL L. PANSARE, J.

DATE :

JUNE 19, 2025 Mr. R. L. Khapre, learned Senior Counsel for petitioner submits that respondent Nos.4 and 5 have been served by private mode. He tendered across the bar an affidavit in support. Taken on record.

2.

Respondent No.6 has filed affidavit stating therein that he will withdraw the application filed before respondent No.1 on 09.06.2025 and would not insist upon relying upon the documents filed with the application. Accordingly, permission is sought to withdraw the said application.

3.

Respondent No.6 shall file appropriate application to that effect before respondent No.1. However, for the purpose of instant proceedings, the application and the documents filed along with application will be not considered.

4.

In addition, respondent No.6 has filed written submissions stating therein that respondent No.1 (it should be respondent No.2), has not considered the arguments advanced by respondent No.6 as regards entitlement of the representative of the society to file nomination once the society completes two years of membership. In

(2) 901wp3065.25 support, counsel for respondent No.6 had placed on record before respondent No.2, two judgments of this Court, which have been not considered.

5.

There appears substance in the submission. The impugned order is silent on this point. That being so, it will be appropriate to relegate the inquiry back to respondent No.2 for consideration, afresh.

6.

The petition is accordingly partly allowed. Impugned order dated 13.06.2025 passed by respondent No.2, is quashed and set aside. Appeal No.2/2025 is remitted back to respondent No.2 for consideration afresh, in accordance with law and what has been stated in the body of the order.

Parties shall appear before respondent No.2, tomorrow i.e. on 20.06.2025 at 03:00 p.m. Respondent No.2 shall decide the appeal on or before 24.06.2025.

All concerned to act on authenticated copy of the order. 7.

At this state, learned counsel for respondent No.6 submits that respondent No.3 has allotted symbol, "Doordarshan". Accordingly, he requests that if the appeal is allowed, respondent No.6 be permitted to continue with the said symbol. 8.

Request being reasonable, is accepted.

(Anil L. Pansare, J.) Kahale