Subhash Ramdasji Lohkare And Others v. Taluka Cooperative Election Authority And Co-Op. Authority Grade-I, Co-Op. Societies And ORS.

2024:BHC-NAG:1957

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.1124 OF 2024 Subhash Ramdasji Lohkare, Aged about 55 years, Occ: Agriculturist Smt. Anuradha Ramdas Lohkare, Aged about 60 years, Occ: Agriculturist, Shantabai @ Shanta Ambadasji Lohkare, Aged about 55 years, Occ: Agriculturist 4.

Shankar Shamrao Pedram, Aged about 25 years, Occ: Agriculturist, 5.

Laxman Shamrao Pedram, Aged about 45 years, Occ: Agriculturist, 6.

Arun Bhaurao Kohale, Aged about 65 years, Occ: Agriculturist 7.

Smt. Shobha Shrikruhsna Thool, Aged about 55 years, Occ: Agriculturist 8.

Nimba Narayan Karnade, Aged about 35 years, Occ: Agriculturist 9.

Rangrao Dhondba Karnde, Aged about 50 years, Occ: Agriculturist 10.

Vimal Rangrao Karnde, Aged about 45 years, Occ: Agriculturist 11.

Anjanabai @ Anjana Kavdu Vaidya, Aged about 55 years, Occ: Agriculturist 12.

Laxmi Sudhakar Solunke, Aged about 40 years, Occ: Agriculturist 13.

Pradeep Keshavrao Nehare, Aged about 55 years, Occ: Agriculturist 14.

Kaushal Bhagwant Khadse, Aged about

23 years, Occ: Agriculturist 15.

Swaraj Bhagwant Khadse, Aged about 22 years, Occ: Agriculturist 16.

Tanaji Narhari Ingale, Aged about 40 years, Occ; Agriculturist 17.

Suchita Bhagwant Khadse, Aged about 52 years, Occ: Agriculturist Nos.1 to 17 R/o At Post Dhotra, Tq.

Kalamb, District Yavatmal 18.

Ramesh Laxman Bawane, Aged about 45 years, Occ: Agriculturist R/o At Sonurli, Post Dhotra, Tq. Kalamb, District Yavatmal 19.

Prabhakar @ Pradeep Namdeo Bawane, Aged about 37 years, Occ: Agriculturist 20.

Sidharth Walmikrao Bhagat, Aged about 60 years, Occ: Agriculturist, Nos.19 & 20 R/o At Post Dhotra, Tq. Kalamb, District Yavatmal

...Petitioners

// VERSUS // Taluka Cooperative Election Authority and Co-operative Authority Grade-I, Cooperative Socieities, Kalamb, Tq. Kalamb, District Yavatmal.

Deepak Dinkar Rannaware, Aged about 62 years, Occ: Agriculturist, R/o At Post Dhotra, Tq. Kalamb, District Yavatmal Shri Saibaba Pani Vapar Sahakari Sanstha, At Post Dhotra, Tq. Kalamb, District Yavatmal, through its Administrator - Shri Satish Dongre.

... Respondents ______________________________________________________________ Shri K.P. Mahalle, Advocate for Petitioners.

Shri B.M. Lonare, A.G.P. for Respondent No.1/State. ______________________________________________________________

CORAM : ANIL S. KILOR, J.

DATED : 16 th FEBRUARY , 2024 ORAL JUDGMENT Heard. RULE. With consent, the petition is heard finally. On the last date of hearing, this Court passed the following order :

"Since the submission is that the names of the petitioners are deleted from the Voters List without hearing, the learned Additional G.P. Mr. Ukey, is requested to obtain telephonic instructions from respondents 1 and 2, whether the submission is factually correct.

List these petitions on 06.04.2022."

Today, the learned Additional Government Pleader Mr. Lonare fairly states that the instructions received are that the hearing was not granted. A copy of the communication dated 05.04.2022 addressed by the District Co-operative Election Officer, is produced on the record. 4.

Considering that the names of the petitioners are deleted from the Voters list without hearing them, the order impugned is set aside and the matter is remanded to the respondent 1 for passing fresh order after hearing the petitioners and the other stake holders. The

petitioners shall appear before the respondent 1 on 22.02.2024. No separate notice shall be necessary.

5.

The petition is disposed of in the afore-stated terms. The parties to act on steno copy.

(ANIL S. KILOR, J) C.L.Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 20/02/2024 13:34:33