Dhanvantari Vaidyakiya ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 15838 Bom

                                                                         955.WP.10991.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.10991 OF 2021

 DHANVANTARI VAIDYAKIYA MAHAVIDYALAYA KARMACHARI SAHAKARI
                   PAT SANSTHA MARYADIT
                          VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

                                     ...
                Advocate for Petitioner : Mr. A.N. Irpatgire
               AGP for Respondent/State : Mr. Y.G. Gujarathi
          Advocate for Respondent Nos. 2 and 3 : Mr. V.H. Dighe
             Advocate for Respondent No.4 : Mr. S.V. Adwant
 Advocate for Respondent No.5 : Mr. D.J. Chaudhari h/f. Mr. N.B. Khandare
                                     ...

                                    CORAM   :   MANGESH S. PATIL, J.

                                    DATE    :   16.11.2021

PER COURT :

Heard all the learned advocates finally at their request. The

affidavit-in-reply filed on behalf of the respondent No.5 is also taken on

record.

2. The petitioner is aggrieved by deletion of his name from voters

list in respect of election to the respondent No.4. His representation has

been rejected by the Returning Officer.

3. In respect of similarly situated persons and some other

aggrieved persons touching the election of the self same bank, this Court in

Writ Petition No.12006/2021 and connected matters, in the judgment and

order dated 05.11.2021, relying upon the Full Bench decision of this Court

in the case of Karmaveer Tulshiram Autade and Ors. Vs. The State Election

955.WP.10991.21.odt

Commission Mumbai and Ors.; 2021 (2) Mh.L.J. 349, has taken a view that

in the given set of facts, this Court cannot exercise the jurisdiction vested

under Article 226 and 227 of the Constitution of India.

4. On the same analogy and for the same self reasons, when the

voters list has already been finalized and the actual voting is to take place

on 21st of this Month, the Writ Petition is dismissed keeping open all the

avenues to the petitioner.

(MANGESH S. PATIL, J.)

habeeb