Jaagannath Ramchandra Chaudhari vs Sunil Vitthal Patil And Ors
2021 Latest Caselaw 3429 Bom

                                                  8-wpst-4028-2021.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                 WRIT PETITION (STAMP) NO. 4028 OF 2021


Mr. Jagannath Ramchandra Chaudhari                  ... Petitioner
                Versus
Mr. Sunil Vitthal Patil and Ors.                    ... Respondents


Mr. Dashrath S. Hatle a/w Mr. Deepak Jamsandekar, for the Petitioner.
Mr. V.M. Mali, AGP for the State.
Mr. Kishore Patil, for Respondent No.1.
Mr. Deelip Patil Bankar, CSC, for SCEA, for Respondent No.2.
Mr. Pritesh Burad a/w Mr. Mitesh Visaria i/b Pritesh Burad Association,
for Respondent No.3.


                             CORAM : R. D. DHANUKA &
                                     V. G. BISHT, JJ.

DATE : 23RD FEBRUARY, 2021

PC:

By this Petition filed under Article 226 and 227 of Constitution of

India, the order dated 12/02/2021 passed by Respondent No.3 rejecting

the application dated 04/02/2021 filed by the petitioner is impugned.

Respondent no.3 has nominated respondent no.1 to caste vote on behalf

of the society in the ensuing election. The voters list is already finalized

on 16/02/2021. The election is proposed to be held on 30/03/2021.

Rekha Patil                                                                1/3





                                                      8-wpst-4028-2021.odt

2       Mr. Patil, learned counsel for respondent no.2 strongly objected to

the interference of this Court in this petition and placed reliance on

judgment of Hon'ble Supreme Court in Shri. Sant Sadguru Janardan

Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and Anr.

V/s. State of Maharashtra and Ors. 1 in support of his submission that

once the election process has been set in motion, the High Court under

Article 226 of the Constitution can not stay the continuation of the

election process even though there may be some alleged illegality or

breach of rules while preparing the electoral roll.

3 This petition is filed by the petitioner on the premise that

respondent no.1 had become a member of respondent no.3- society only

in the year 2019 and thus petitioner in view of section 27(3A) of the

Maharashtra Co-operative Societies Act, 1960 shall not be eligible for

voting in the affairs of the society for a period of two years from the date

of his enrollment as a member of such society.

4 In view of the law already laid down in the case of Shri. Sant

Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak

Sanstha and Anr. V/s. State of Maharashtra and Ors. (Supra) by the

Hon'ble Supreme Court, we do not propose to entertain this petition on

1 2002 (1)Mh.L.J. 659

Rekha Patil 2/3

8-wpst-4028-2021.odt

merits. The Petitioner would have remedy to challenge the election

result by filing an election petition.

5 Writ Petition is accordingly disposed of on the ground of

maintainability at this stage. No order as to costs.

6 It is made clear that this Court has not expressed any views on the

merits of the matter. All the contentions of parties are kept open.

           (V. G. BISHT, J.)                 ( R. D. DHANUKA, J.)




Rekha Patil                                                                3/3