Santosh Raghunath Salunke v. The Principal Secretary Hsg. Dept Thr Government Pleader And ORS

11-wp-518-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 518 OF 2024 Arun Pandurang Patil

VERSUS

The District Cooperative Election Authority And Divisional Joint Registrar And Others ...

Advocate for the Petitioner : Mr. Parikshit S. Mantri h/f Mr. Barde Parag Vijay ...

CORAM : S.G. MEHARE, J.

DATED : JANUARY 18, 2024 PER COURT:- 1.

Heard learned counsel for the petitioner.

2.

Learned counsel for the petitioner argued that the petitioner is a defeated candidate in the same election in which respondent no.4 was elected and failed to submit the election expenses. He is a person competent and aggrieved to raise the objections before the authority enquiring about respondent no.4, whether she is disqualified for non-submission of the election expenses. However, the Divisional Joint Registrar, Co-operative Societies, Nashik, referring to the earlier Writ Petition No.248 of 2023 decided on 31.01.2023, rejected his application, holding that in the judgment of the Writ petition, this Court has not directed to hear any person aggrieved. Learned counsel for the petitioner submits that the petitioner was not the party to the said Writ petition. The petitioner

11-wp-518-2024.odt (2) is a person aggrieved as defined under Section 91 of the Maharashtra Co-operative Societies Act. Therefore, he has the right to intervene. 3.

Issue notice to the respondents, returnable on 31.01.2024.

(S.G. MEHARE, J.) Mujaheed//