Vilas Haribhau Patil vs State Of Mah. Thru. Secty. & 3 Ors
2017 Latest Caselaw 3288 Bom

                                1                                           lpa63.08




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  

                           NAGPUR BENCH, NAGPUR.


 LETTERS PATENT APPEAL NO.63 OF 2008
          IN
 WRIT PETITION NO.812 OF 2008 (D)


 Vilas s/o Haribhau Patil,
 Aged - years, 
 Resident of Dharapgad, Tq. Malkapur,
 District Buldhana.                                    ....       APPELLANT


                     VERSUS


 1) State of Maharashtra,
     through Secretary, Department of
     Co-operation & Marketing, Mantralaya,
     Mumbai - 400 032. 

 2) District Deputy Registrar,
     Co-operative Societies, Buldhana. 

 3) Election Officer & Assistant Registrar,
     Co-operative Societies, Malkapur. 

 4) Shri Sanjay Sadashiv Patil,
     Aged 36 years, 
     Resident of Wakodi, Tq. Malkapur, 
     District Buldhana.                                ....       RESPONDENTS


 ______________________________________________________________

                       None for the appellant, 
        Mrs. Archana Kulkarni, A.G.P. for respondent Nos 1 to 3
                      None for respondent No.4.
  ______________________________________________________________



::: Uploaded on - 19/06/2017                  ::: Downloaded on - 20/06/2017 00:41:05 :::
                                           2                                       lpa63.08




                               CORAM :   B.P. DHARMADHIKARI AND
                                         ROHIT B. DEO, JJ.

DATED : 16-06-2017

ORAL JUDGMENT : (PER : B.P. DHARMADHIKARI, J.)

1. Nobody for appellant and respondent No.4. Assistant

Government Pleader has appeared for respondent Nos.1 to 3.

2. 2008 elections of Agricultural Produce Marketing

Committee, Malkapur formed subject matter of Writ Petition

No.812/2008 before the learned Single Judge. The learned Single

Judge has on 22-02-2008 made Rule absolute in terms of prayer clause

(A) in the writ petition and voting then due on 09-03-2008 was

accordingly allowed. Order of rejection of nomination paper dated

08-02-2008 passed by the Election Officer and maintained in appeal on

18-02-2008 was set aside and the petitioner before the learned Single

Judge (respondent No.4 here) was permitted to contest the election.

3. The learned Single Judge refused to stay his judgment and

in letters patent appeal on 05-03-2008, this Court refused stay, but

clarified that election in question would be subject to decision of the

letters patent appeal.

3 lpa63.08

4. The tenure of elected Director is five years. That period

has already expired.

5. With the result, the challenge is rendered infructuous.

Accordingly, leaving all legal contentions open, we dispose of letters

patent appeal as infructuous.

                                 JUDGE                                   JUDGE

adgokar