Sunil Raghunath Nawale v. Mangal Balasaheb Raut

Speaking-13-WP-8118-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8118 OF 2024 Madan Shankar Gaikar

...Petitioner

Versus

District Co Op Election Officer And Ors

...Respondents

....

Mr. Chandrakant Yadav, for the Petitioner.

Mr. Hamid Mulla, A.G.P. for the Respondent - State. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

9th JULY 2024 P.C.

:

1.

The contention is that in terms of Rule 65 of the Maharashtra Co-operative Societies, (Election to Committee) Rules, 2014 every candidate at an election either himself or by his agent has to submit the account of the election expenses to the returning officer, within period of 60 days from the date of declaration of the result of the election in terms of Rules 67 (1) A, failure to do so without any reasonable cause or justification, TALLE SHUBHAM ASHOKRAO would under Rule 66, lead to disqualification. TALLE SHUBHAM ASHOKRAO Date: 2024.07.22 19:52:07 +0530 2.

It is contended that inspite of the admitted position This order is corrected pursuant to Speaking to Minutes of Order dated 22.07.2024. Shubham Talle

Speaking-13-WP-8118-2024.doc that till 21.11.2023, no such expenses had been submitted to respondent no.1 he has withdrawn the show cause notice dated 07.12.2023 (page 105) by the impugned Order (page 120). It is therefore submitted, that there is no justifiable reason or cause as required by Rule 66 (1) b of the aforesaid rules shown on account of which the impugned Order cannot be sustained. 3.

Issue notice to the respondent Nos. 1, 2 and 4, returnable on 16.08.2024. The learned AGP waives notice for the respondent no. 3.

(AVINASH G. GHAROTE, J.) This order is corrected pursuant to Speaking to Minutes of Order dated 22.07.2024. Shubham Talle