Mohan Bhanudas Kakade v. The Collector, Solapur And ORS

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.9203 OF 2012 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Sarang S. Aradhye for the Petitioner.

Shri A.I.Patel, AGP for the Respondent Nos.1 to 3 and 5. Shri PG. Sarda for the Respondent No.4.

­­ CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

4TH SEPTEMBER 2015 P.C.:

.

Heard the learned counsel appearing for the Petitioner. We have perused the affidavit­in­reply filed by Shri Abhiman B. Thorat, the Assistant Registrar, Co­operative Societies, Mangalwedha, District­Solapur. The case of the fourth Respondent that the election has been already held has been dealt with in the said affidavit. The affidavit records that in absence of any statutory power, the Government is unable to take any action.

2.

The remedy of the Petitioner is to challenge the so called election in accordance with law. No relief can be granted in writ jurisdiction. By keeping the remedies of the Petitioner expressly open, we dispose of the Petition. All contentions of the Petitioner on merits are kept open.

(V.L. ACHLIYA, J) (A.S.OKA, J)

Certified to be true and correct copy of the original signed Judgment/Order.