Nagnath Basappa Gangade And ANR v. State Of Maharashtra Thr. Secrtary The Dept. Of Co-Op Marketing And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.06.09 11:37:54 +0530 HEMANT CHANDERSEN SHIV 46.aw6179.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6179 OF 2022 Nagnath Basappa Gangade & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Suhas S. Inamdar for the Petitioners.

Mrs. M. P. Thakur AGP for the Respondent-State. Mr. Abhijit Kulkarni for Respondent No.5.

Mr. Deelip Patil Bankar with Pooja Deelip Patil for Respondent Nos.2 and 6.

CORAM : S. V. GANGAPURWALA AND MADHAV J. JAMDAR, JJ.

DATED : 7TH JUNE 2022 P.C. :

1.

Heard learned counsel for the Petitioners and learned counsel for the Respondents.

2.

The grievance of the Petitioner is that names of the Respondent Nos.8 to 116 have been illegally entered into voters list. 3.

It is submitted that the election program has already been declared. The last date of filing nomination was 27th May 2022. The election 1/2

46.aw6179.22.doc program has progressed upto stage of withdrawal. 4.

At this stage this Court would not exercise its jurisdiction under Article 226 of the Constitution of India to interfere in the process of election.

5.

The Petitioner has remedy available after the elections are over. The Petitioner may avail that remedy. In that event all respective contentions of the parties are kept open.

6.

Learned counsel for the Petitioners submits that the Petitioners will also file application under section 11 of the Maharashtra Cooperative Societies Act, 1960 challenging the membership of Respondent Nos.8 to

116. The Petitioners may prosecute the same in accordance with law. 7.

Needless to state that the Authority dealing with the said proceedings may decide the same expeditiously of course after hearing all the parties concerned.

8.

The Writ Petition is disposed of accordingly. No costs. MADHAV J. JAMDAR, J.

S. V. GANGAPURWALA, J.

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