Pandharinath Gyanaba Kadam vs The State Of Maharashtra And ...
2016 Latest Caselaw 6970 Bom

                                                                     901_WP1122916.odt


             
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                              
                            BENCH AT AURANGABAD

                           WRIT PETITION NO. 11229 OF 2016




                                                      
                                        WITH
                         CIVIL APPLICATION NO. 15843 OF 2016
                                         IN
                           WRIT PETITION NO. 11229 OF 2016




                                                     
    Pandharinath Gyanaba Kadam
    Age: 65 years, Occu.: Agriculture,
    R/o Sonna, Tq. Purna, Dist. Parbhani.                    ..PETITIONER




                                                  
                   VERSUS           
    1.  State of Maharashtra
         Through its Principal Secretary,
                                   
         Co-operative and Textile Department,
         Mantralaya, Mumbai - 32.

    2.  The District Co-operative Election Officer/
         

         District Deputy Registrar,
         Co-operative Societies, Parbhani.
      



    3.  The Assistant Registrar,
         Co-operative Societies, Puna,
         Tq. Purna, Dist. Parbhani.





    4.  The Returning Officer,
         Sonna Vividh Karyakari Sahakari Society,
         Sonna, Tq. Purna, Dist. Parbhani.





    5.  Sonna Vividh Karyakari Sahakari Society,
         Sonna, Tq. Purna, Dist. Parbhani.
         Through its Secretary.

    6.  Baliram Shankarrao Kadam
         R/o Sonna, Tq. Purna, Dist. Parbhani.               ..RESPONDENTS

                                            ....

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    Mr. P.D. Bachate, Advocate for petitioner.
    Mr. S.K. Tambe, A.G.P. for Respondent No.1.




                                                                                       
    Mr. S.K. Kadam, Advocate for Respondent Nos. 2 to 4.
    Mr. S.B. Ghatol Patil, Advocate for Respondent No.6.
                                         ....




                                                               
                                           CORAM :  T.V. NALAWADE, J.

DATED : 06th DECEMBER, 2016

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard both sides by

consent for final disposal.

2 The petition is filed to challenge the order made by the

Returning Officer by which the names of 58 persons were deleted from

the provisional voters list and also the decision given by the Assistant

Registrar, Co-operative Societies, Purna that there is no relevant record

on the basis of which it can be said that those 58 persons were made

members. The order is made against these persons.

3. The submissions made show that in the audit conducted for

the year 2012-13, the record was verified by the auditor. The names of

four members like Vandana Manik Kadam, Santabai Manchak Kadam,

Govind Vyankati Kadam and Waman Digambar Lokhande were shown in

the audit report but their names are deleted by observing that there is no

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901_WP1122916.odt

relevant record. The auditor must have mentioned these four names on

the basis of the relevant record which the auditor is expected to go

through.

4. In view of these circumstances, this Court holds that to some

extent, the petition can be allowed. Voters list is to be corrected by

adding aforesaid four names and they are allowed to vote in the election.

Rule made absolute. Respondent No.2 is to correct the voters list. Civil

application stands disposed of.

( T.V. NALAWADE, J. ) SSD

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