Bombay High CourtWP/5113/2016dispossed offdismiss for default

Shri Ramrao S/O Abhiman Bhoyar And Another v. Shri K.V. Talware And Others

2016-12-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5113 OF 2016 Ramrao Abhiman Bhoyar -vsK.V.Talware and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.A.M.Ghare, counsel for the petitioner.

Mr.S.K.Tambde, counsel for the respondent No.1. Mrs.G.Tiwari, AGP for the respondent Nos.3 and 4. CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 05.12.2016.

By this writ petition, the petitioner seeks a direction to the respondent No.3-Taluka Cooperative Election Officer/Assistant Registrar of Cooperative Societies to appoint a new Election Officer and commence the elections of the Executive Committee of the respondent No.2-Society from the stage of publication of final voters list. A direction is sought by the petitioner against the respondent Nos.3 and 4 to conduct a departmental enquiry against the respondent No.1Election Officer for illegally cancelling the elections of the Executive Committee of the respondent No.2-Society.

It is stated that on 22/08/2016, the election programme was cancelled in view of some complaints against the preparation of the voters list.

The respondent No.1 has filed an affidavit-in-reply and has disputed that the election programme is declared by him. It is stated that he has not declared the election programme. It is further stated that since there were some objections to the provisional voters list, some steps were taken and the elections were postponed.

2/2 wp5113.16 We find on a reading of the affidavit-in-reply filed on behalf of the respondent No.1 that several disputed questions of facts arise in this writ petition. It would not be for this court to direct the respondents in the circumstances of the case to publish a fresh election programme immediately. The concerned respondents should however ensure that the elections are conducted at the earliest and steps would be taken for initiation of the election programme immediately. The writ petition is disposed of with no order as to costs. JUDGE JUDGE KHUNTE