Ramdas Madhukar Zol v. State Of Maharashtra Thr. Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6542 OF 2023 Ramdas M. Zol

...Petitioner

V/s.

State of Maharashtra and ors.

...Respondents.

Mr. S.S. Kanetkar for the Petitioner.

Mr. A.I. Patel, AGP a/w. Mr. P.P. Pujari, AGP for the Respondent/ State.

Mr.Sarang S. Aradhye a/w. Ms Gauri Velankar for Respondent No.5.

CORAM

:

N.R. BORKAR, J.

DATE :

05.06.2023.

P.C. :

1.

This petition takes an exception to the order dated 22 May 2023 passed by respondent No.3, who is appointed as Returning Officer to conduct the elections of Managing Committee / Board of Directors of Shri. Makai Sahakari Sakhar Karkhana, Bhillarwadi, a society registered under the Maharashtra Cooperative Societies Act. By the order impugned, the respondent No.3 has rejected the objection fled by the petitioner to nomination form of respondent No.5 fled by him to contest the election of the Board of Directors of the society in question.

2.

The learned counsel for the petitioner submits that one Shri. Kantilal Mane, who is the seconder on the nomination form of respondent No.5 is a guarantor on the loan obtained by one Rashmi Bagal from Brahmadev Dada Mane Cooperative Bank Ltd. and the said loan is unpaid. It is submitted that the respondent Dinesh S. Sherla 1/2

2/2 2-cwp-6542-23.doc No.3 was therefore, not justifed in accepting the nomination form in violation of clause 28(5) of the bye-laws of the society in question.

3.

Admittedly, the remedy of fling of election petition is available to the petitioner. In that view of matter, I am not inclined to entertain the present petition. Hence, the Petition is dismissed. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2