Durvas Kashiram Wankar And ORS v. State Of Maharashtra Thr The Co Op Election Tribunal And ORS

907.WP.834.2023.doc Chaitali Ekke

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 834 OF 2023 Durvas Kashiram Wankar and Ors.

...Petitioners

V/s.

State of Maharashtra (Through the office of State Co-operative Election Tribunal) and Ors.

...Respondents

....

Mr. Rakesh Bhatkar a/w Mr. Mohan Devkule i/b Mr. Mohit Dalvi, Advocates for Petitioners.

Mr. N.K. Rajpurohit, AGP for Respondent-State. Mr. Sandeep K. Thakur, Assistant Registrar (Dairy). ....

CORAM

: K. R. SHRIRAM & RAJESH S PATIL, JJ.

DATED : 20th JANUARY 2023 P.C.:

When the Petition was called out, Mr. Rajpurohit stated initially that Petitioners Appeals have already been disposed on 12.01.2023 but confessed that the Appeals were disposed without giving any hearing. Mr. Rajpurohit requested the matter be stood over to post lunch session so that he could take instructions. Post lunch, Mr. Rajpurohit on instructions states that Respondent No.2 who had passed the said order, withdraws the said order dated 12.01.2023 and fresh hearing on the Appeals will be granted. Mr. Rajpurohit states that he has received instructions from Mr. Shahaji Patil officiating as Joint Registrar Co-operative Societies

907.WP.834.2023.doc (Diary) that Petitioners' Appeal will be heard at 11.00 a.m. on 23.01.2023. Statement accepted as an undertaking to this court. Mr. Bhatkar states Petitioners shall attend at that time and make their submissions. Petitioners may use the services of an advocate should they wish to.

Any order passed by Respondent No.2 shall be a reasoned order.

Statement of Mr. Rajpurohit that until the order is passed and handed over to Petitioners, the Election process will be stayed is accepted. Mr. Rajpurohit states that he has received written instructions dated 28.01.2023 from Respondent No.2 to that effect. In view of the above, Petition disposed.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)