Bombay High CourtWP/5882/2019withdrawn

Baburao Khushalrao Nandurkar v. The State Co-Operative Election Commission, Through Its Secretary, Pune And 3 Others

2019-08-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp5882.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5882/2019 Baburao Khushalrao Nandurkar ..Vs..

The State Co-operative Election Commission 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 S.M. Vaishnav, Advocate for the petitioner. Ms. Shamsi Haider, A.G.P. for respondent No.3. CORAM : Z.A. HAQ, J.

DATED : 21.8.2019.

By this petition, order passed by the District Co-operative Election Officer by which the request made by the petitioner for deleting the names of eleven members of the respondent No.4 - Sanstha came to be rejected, is challenged. The eleven members, whose names are sought to be deleted, are not impleaded as party in the present petition. This petition is mentioned for urgent circulation at 2.30 p.m. Shri S.J. Kadu, Advocate has appeared on behalf of five of those eleven persons whose names are sought to be deleted and has pointed out that earlier also the petitioner along with Shri Anil Kashirao Khadke had moved the Authorities for deleting the names of eleven persons from the voters' list and after conducting enquiry in the matter, Assistant Registrar, Co-operative Societies passed an order on 31st August, 2016 and had refused to delete the names of eleven persons including the five persons who are

2 wp5882.19 represented by Shri S.J. Kadu, Advocate. The order passed by the Assistant Registrar, Co-operative Societies on 31st August, 2016 is also not placed on record of the petition and there is no reference about that order. Faced with the above situation, learned Advocate for the petitioner sought permission to withdraw the writ petition. Writ petition is dismissed as withdrawn. The petitioner shall pay costs of Rs.20,000/- (Twenty Thousand).

2] Learned A.G.P. states that the amount of costs can be deposited with the High Court Legal Services Sub-Committee, Nagpur.

The petitioner shall deposit the amount of costs with the High Court Legal Services Sub-Committee, Nagpur and file affidavit of compliance on record of this petition till 9th September, 2019.

JUDGE Tambaskar.