Vilas S/O. Shravanji Darne And ORS. v. State Coop. Election Tribunal, Pune Thr. Competent Authority/Secy. And ORS.

2025:BHC-NAG:2864 1/2 4.wp.1528.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1528 OF 2025 (Vilas Shravanji Darne & Ors. V/s State Co-operative Election Tribunal, Pune & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. K. Tambde, Advocate for Petitioners.

Mr. S. S. Ghate, Advocate for Respondent No.1. Ms. P. C. Bawankule, AGP for Respondent Nos.2 & 3. ---------------------------

CORAM

: ANIL L. PANSARE, J.

DATE : MARCH 21, 2025.

.

Heard.

2.

The order impugned is dated 28/2/2025. According to the Petitioners, their names were omitted in the provisional voters list, and therefore, they raised objection before the Election Officer i.e. Respondent No.2, who by impugned order, dismissed the objection on the count that the Petitioners have failed to deposit the amount of increased share capital, and therefore, their names were deleted.

3.

As such, the Respondent No.2 appears to have exceeded his jurisdiction while rendering a finding that the names of the Petitioners were deleted for the above reason, in as much as, the scope of enquiry under Rule 8(1) of the Maharashtra cooperative Societies (Election to Committee) Rules, 2014 (for short, 'the Rules of 2014') is spelt out by the Division Bench, while

2/2 4.wp.1528.2025.odt dealing with Rule 6(1) of the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971, which is pari materia to Rule 8(1) of the Rules of 2014 in the case of Dhondiba Parshuram Lakade V/s Shri Someshwar Sahakari Sakhar Karkhana Ltd., 1979 Mh.L.J. 311. However, since the election programme is now published on 19/3/2025, and since the Petitioner failed to get the Petition circulated prior thereto, though the same was filed on 15/3/2025, the only remedy that is available to the Petitioners is to file Election Petition.

4.

The Writ Petition is, accordingly, dismissed. 5.

All points are kept open, if the Election Petition is so filed.

(ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 21/03/2025 19:07:43