Vijay Baburao Malme And ORS v. The State Of Maharashtra Thr The Co-Operative Dept. And ORS

Megha 501_wp_323_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.323 OF 2025 Vijay Baburao Malme and Ors.

...Petitioners

V/s.

The State of Maharashtra through the Co-operative Department and Ors.

...Respondents

______________ Mr. Suresh M. Sabrad with Mr. Amey Sawant, Ms Neha Parte, Mr. Pratik Sabrad, Mr. Richard Payne and Mr. Sarvesh Deshpande for the Petitioners.

Mr. Hamid Mulla, AGP for Respondent No.1-State. ______________ CORAM : SANDEEP V. MARNE, J.

Dated : 7 January 2025.

P.C. :

1) Not on board. Upon being mentioned, taken on board. 2) Challenge in the Petition is to the order dated 30 December 2024 passed by the Taluka Co-operative Election Officer-cumAssistant Registrar, Co-operative Societies (Milk), Sangli-Miraj, directing inclusion of names of 23 persons in the final Voters List. 3) Mr. Sabrad, the learned counsel appearing for the Petitioners would invite my attention to the Application dated 23 December 2024 made by one Mr. Prabhakar Bhimrao Patole, representing therein Digitally signed by MEGHA SHREEDHAR PARAB Date:

2025.01.08 15:27:24 +0530 MEGHA SHREEDHAR PARAB that the draft Voters List did not include names of 23 persons whose names were included in the List of the year 2020. It was further Page No.

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Megha 501_wp_323_2025.docx represented that the General Body Meeting of the society had resolved to admit the said 23 persons as members of the society. 4) Mr. Sabrad would then draw my attention to the minutes of the General Body Meeting held on 13 February 2022 and particularly the resolution under Subject No.7 relating to admission of new members. He would submit that 36 persons named in the resolution were admitted as new members of the society for the first time. He would further submit that only 10 persons from the list of newly added 23 voters match with the 36 persons, who were made members of the General Body Meeting held on 13 February 2022. 5) Issue notice to the Respondents, returnable on 22 January 2025. Humdast is granted. In addition to Court notice, Petitioner to serve Respondents by private service and file affidavit of service. Mr. Mulla, the learned AGP waives services of notice on behalf of Respondent No.1-State.

6) Till the next date of hearing, no further action shall be taken on the basis of the Final Voters List published in pursuance of impugned order dated 30 December 2024 [SANDEEP V. MARNE, J.] Page No.

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