Anil Tukaram Machale v. Election Officer / Returing Officer Gulpoli Vivid Karyakari Seva Sahakari Sanstha Limited And ORS

86-wp10547-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10547 OF 2023 VAIBHAV RAMESH JADHAV Shrikant Harischandra Machale ... Petitioner V/s.

Election Officer/Returning Officer Gulpoli Vivid Karyakari Seva Sahakari Sanstha Limited & Ors.

... Respondents VAIBHAV RAMESH JADHAV Date: 2025.02.05 19:07:05 +0530 WITH WRIT PETITION NO.10550 OF 2023 Hanumant Annsaheb Chikane ... Petitioner V/s.

Election Officer/Returning Officer Gulpoli Vivid Karyakari Seva Sahakari Sanstha Limited & Ors.

... Respondents WITH WRIT PETITION NO.10552 OF 2023 Shantinath Janardhan Chikane ... Petitioner V/s.

Election Officer/Returning Officer Gulpoli Vivid Karyakari Seva Sahakari Sanstha Limited & Ors.

... Respondents WITH WRIT PETITION NO.10551 OF 2023 Anil Tukaram Machale ... Petitioner V/s.

Election Officer/Returning Officer Gulpoli Vivid Karyakari Seva Sahakari Sanstha Limited & Ors.

... Respondents

86-wp10547-2023.doc Mr. Satyajeet Dighe h/f Mr. Abhishek Kulkarni for the petitioner in all writ petitions.

Mr. P. V. Nelson Rajan, AGP for the State in WP / 10547 / 2023, WP / 10550 / 2023 and WP / 10552 / 2023 and S. L. Babar, AGP for the State in WP/10551/2023. Mr. Dilip Bodake with Shraddha Pawar for respondent No.1 in all writ petitions.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 5, 2025 P.C.:

1.

Learned advocate for the petitioners states that respondent No.5 is ex-facie disqualified as he is defaulter within the meaning of Section 73CA of the Maharashtra Cooperative Societies Act, 1960. However, during pendency of the present writ petition, the results of the elections are declared. Therefore, remedy of the petitioners is to approach the Registrar under appropriate provisions of the Maharashtra Cooperative Societies Act, 1960. 2.

Considering the facts of the case, the petitioners shall file the application for disqualification of respondent No.5 within two weeks from today. If such application is filed within period of two weeks from today, the authority shall decide the application within eight weeks from the date of filing of the application after giving opportunity of hearing to respondent No.5.

3.

In above terms, the writ petitions stand disposed of. No cost. (AMIT BORKAR, J.)