Dinesh Murlidhar Jadhav And ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 4962 Bom

                                1                               wp 5401.2022

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               923 WRIT PETITION NO.5401 OF 2022

           DINESH MURLIDHAR JADHAV AND OTHERS
                         VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
                         OTHERS
                           ...
     Advocate for Petitioners: Mr. Ashwin V. Hon
   AGP for Respondent Nos.1&3: Mr. S. N. Morampalle
    Advocate for Respondent No.2: Mr. S. K. Kadam
             Advocate for Respondent No.5:
        Mr. R. L. Adhe h/f. Mr. A. A. Nimbalkar
                           ...

                                    CORAM:        S. G. MEHARE, J.

(Vacation Court) DATE: 20th MAY, 2022

PER COURT:

1. The learned Counsel Mr. R. L. Adhe holding

for Mr. A. A. Nimbalkar appeared for respondent

no.5 and seeks time to file Reply.

2. The learned Counsel for the petitioners

relied on the Judgment passed by this Court in

Writ Petition No.2889 of 2022 along with other

Writ Petitions dated 08.03.2022. In the said case,

the order deleting the name of the petitioners

without granting them hearing was set aside as the

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election programme was not declared on the date of

passing of the order.

3. The learned Counsel Mr. Kadam, submits that

in this case the election programme has already

declared. The law is well settled in case of

Shri Sant Sadguru Janardan Swami (Moingiri

Maharaj) Sahakari Dugdh Utpadak Sanstha Vs. State

of Maharashtra and others reported in 2002 (1)

Mh.L.J. 659 (para 12), that the preparation of

electoral roll is intermediate stage in the

process of election of Managing Committee of a

specified society and the election process having

been set in motion, it is is well settled that the

High Court should not stay the continuation of

election process even though there may be some

alleged illegality or breach of the rules while

preparing the electoral roll. The remedy before

the electoral tribunal is available against

returned candidate.

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4. In view of the matter, this Court is of the

view that it is not a fit case to grant interim

relief at this juncture.

5. Stand over to 07.06.2022.

6. Respondent no.5 shall file reply on or

before 07.06.2022.

[S. G. MEHARE, J.]

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