Hemant S/O. Sadaram Raut And ... vs Adv. Devrao Abaji Dhodre And ...
2022 Latest Caselaw 9305 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

                   WRIT PETITION NO.63/2022

1.   Shri Hemant S/o Sadaram Raut,
     aged about 71 Yrs., Occ. Retired,
     R/o Near Sai Mandir, Vidya Nagar,
     Bramhpuri, Dist. Chandrapur 441 206.

2.   Shri Shamrao S/o Arjun Pradhan,
     aged about 60 Yrs., Occ. Retired.

3.   Sau. Sharda Shankar Raut,
     aged about 55 Yrs., Occ. Retired.

     Nos.2 and 3 R/o Waghada Bardi,
     Tah. Aarmori, Dist. Gadchiroli 441 208.      ...   Petitioners

      - Versus -

1.   Adv. Devrao Abaji Dhodre,
     Election Officer, C/o Adv. P.C. Khaganchi,
     34, Adarsh Society, Gajanan Mandir Road,
     Wadgaon, Chandrapur 442 402.

2.   Shri Ajay Wamanrao Khanorkar,
     Superintendent, C/o Office of Assistant
     Charity Commissioner, Gadchiroli,
     Dist. Gadchiroli 441 208.

3.   I/c. Assistant Commissioner, Gadchiroli,
     C/o Assistant Charity Commissioner, Gondia,
     4th Floor, Administrative Building, Gondia
     City, Gondia 441 614.                      ... Respondents
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Mr. V.K. Paliwal, Advocate for the Petitioners.
Mr. R.D. Dandwate, Advocate for respondent No.1.
Mr. K.L. Dharmadhikari, Additional Government Pleader for
respondent No.3.
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            CORAM : SUNIL B. SHUKRE AND
                    G.A. SANAP, JJ.

DATE : 14.9.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. We find that purposes of this petition shall stand

served by issuing necessary directions for deciding the objections

taken by the petitioners, by the Election Officer and holding of

the elections of executive body of Shri Dutt Shikshan Sanstha,

Dongargaon, Taluka Aarmori, Dist. Gadchiroli as after all the

petitioners are aggrieved by granting extension thrice for holding

of the elections. In fact, the Election Officer had also declared 3 wp63.2022

the programme for conducting elections between the period from

7.1.2022 to 13.1.2022 but, he could not go ahead with the

elections as in the meantime, stay to the election programme was

obtained by the petitioners. Now, time has come for having a

properly elected executive body which is inconsonance with the

democratic principles of governance of local bodies and as such,

this petition is disposed of by issuing following directions.

(i) Respondent No.1, Election Officer is directed to prepare the

election programme within a period of two weeks from the date of

the order and conduct the elections in terms of the election

programme within three months.

(ii) The Election Officer is further directed to decide the

objections of the petitioners within one week from today, in

accordance with law.

3. The petition is partly allowed in the above terms. Rule

accordingly. No costs.

                                (G.A. SANAP, J.)                  ( SUNIL B. SHUKRE, J.)
                        Tambaskar.
Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary
Date:15.09.2022 14:33