Hiraji Rau Patil And Ors vs The State Of Maharashtra Thr ...
2022 Latest Caselaw 4239 Bom

                                                                              5-ASWP-4753-2022.DOC




                      Sonali

         Digitally
         signed by         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         SONALI
SONALI   MILIND
MILIND
PATIL
         PATIL
         Date:
                                        CIVIL APPELLATE JURISDICTION
         2022.04.22
         10:05:40
         +0530                          WRIT PETITION NO. 4753 OF 2022
                      Hiraji Rau Patil & Ors.                                    ...Petitioners
                             Versus
                      The State of Maharashtra & Ors.                            ...Respondents


                      Mr. Chetan G. Patil, i/b Mandar G. Bagkar, for the Petitioners.
                      Mr. A. I. Patel, Addl. G.P., a/w Mr. S.S. Panchpor, AGP, for the
                           Respondent-State.
                      Mr. Deelip Patil-Bankar-Chief Standing Counsel SCEA a/w Mr.
                           Abhishek Patil, for the Respondent No.2.


                                                CORAM          Revati Mohite Dere &
                                                               Madhav J. Jamdar, JJ.

                                                DATED:         21st April 2022
                      PC:-

1. Heard learned counsel for the parties.

2. By this petition, the petitioners seek the following substantive reliefs:-

"(a) That this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction in the nature of writ thereby directing Respondent Nos. 2 and 4 herein to forthwith enter the names of the Petitioners in the Final Voters List and permit them to participate in the ensuing election to the Managing Committee of the Respondent No.4 Society.

(b) That pending the hearing and final disposal of this Writ Petition this Hon'ble Court may be pleased to restrain Respondent No.2 herein from taking any further steps

21st April 2022 5-ASWP-4753-2022.DOC

concerning the election of the Managing Committee of the Respondent No.4 herein."

3. The grievance of the learned counsel for the petitioners is

with respect to the exclusion of their names from the voters list. It is

not in dispute, that the election programme has been declared on

24th March 2022 and the elections are due on 30th April 2022.

4. Having regard to the judgment of this Court in Dattatray

Genaba Lole & Ors. vs. Divisional Joint Registrar, Cooperative

Societies & Ors1, we are not inclined to interfere in our

extraordinary jurisdiction, under Article 226 of the Constitution of

India and as such dismiss the petition.

5. However, we make it clear that all contentions of the parties

on merits are kept open, in appropriate proceedings i.e. in the

election petition.

6. Accordingly, the petition is dismissed, and stands disposed

of.

(Madhav J. Jamdar, J.) (Revati Mohite Dere, J.)

1 2021 SCC OnLine Bom 4579: (2022) 1 Bom CR 471

21st April 2022