Machindra Sitaram Kalbhor v. The State Of Maharashtra Thr Principal Secretary And ORS

bipin prithiani 7-wp-7259.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7259 OF 2025 Machindra Sitaram Kalbhor ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents ****** Mr. Vaibhav V. Ugle for the Petitioner.

Ms. D. S. Deshmukh, AGP for Respondent Nos.1 and 2. ****** CORAM: MANISH PITALE, J.

DATE : 16th JUNE 2025 P.C. :

.

Heard learned counsel for the petitioner.

2.

The petitioner is aggrieved by order dated 27th May 2025 passed by respondent No.2-District Cooperative Election Officer and District Deputy Registrar of Cooperative Societies, whereby objection raised to inclusion of certain persons in the voters list has been rejected.

by BIPIN DHARMENDER PRITHIANI Date: 2025.06.17 10:41:30 +0530 BIPIN DHARMENDER PRITHIANI 3.

The learned counsel for the petitioner submits that as per unanimous resolution dated 28th August 2023 passed by the respondent No.3-Society, membership of those not having 7/12 extracts showing land more than 10 gunthas, was cancelled. The petitioner had objected to inclusion of names of persons in the voters list, whose membership stood cancelled by way of the said resolution with placing on record relevant documents. But, the

bipin prithiani 7-wp-7259.25.doc respondent No.2, by the impugned order, has rejected the objection, observing that the petitioner as the person raising the objection had not approached any Court or any Authority on the strength of the said resolution. The aforesaid reasoning prima facie appears to be unsustainable and hence, this Court is inclined to entertain the present petition.

4.

Since the election program is already declared, there is urgency in the matter.

5.

Issue notice for final disposal, returnable on 10th July 2025 (High on Board).

6.

Ms. Deshmukh, learned AGP, waives notice for respondent Nos.1 and 2.

7.

Additionally, the petitioner shall serve the respondent No.3 by way of private service and file an affidavit of service within two weeks from today.

8.

In the meanwhile and till the next date of listing, there shall be ad-interim relief in terms of prayer clause (d). MANISH PITALE, J.