Subhash Bapurao Shinde v. State Of Maharashtra Thr. Secretary Ministry Of Textile And ORS

1/2 4-cw-6544-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6544 OF 2023 Subhash B. Shinde

...Petitioner

V/s.

State of Maharashtra and ors.

...Respondents.

Mr. S.S. Kanetkar for the Petitioner.

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

Mr. Sarang 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 respondent No.5 was Director of the society in question from 2017 to 2022 and during the said period, the Commissioner (Sugar) has imposed penalty on the society to the tune of Rs.5,63,02,500/-. It is submitted that the respondent No.5 is, thus, not eligible to be Dinesh S. Sherla 1/2

2/2 4-cw-6544-23.doc elected as Director in view of the clause 28(7) 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