Tulshidas S/O. Murlidhar Dhande ... vs State Of Maha., Thr. Secretary, ...
2023 Latest Caselaw 8558 Bom

2023:BHC-NAG:12525-DB
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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    NAGPUR BENCH : NAGPUR

                                    WRIT PETITION NO. 4245/2023


               1.   Tulshidas S/o. Murlidhar Dhande,
                    Age about 42 years, Occupation : Service,
                    R/o. Swapnakunj Niwas, Civil Lines,
                    Daryapur, Tq. Daryapur, District : Amravati.

               2.   Alhad S/o. Anilrao Taral,
                    Aged about 37 years, Occupation - Service,
                    R/o. Plot No.114, Gandhinagar, Banosa,
                    Daryapur, Tq. Daryapur, District :Amravati.

               3.   Mohammad Irshad Mustakimoddin,
                    Aged about 50 years, Occupation - Service,
                    R/o. Takli Purna, Tq. Daryapur,
                    District : Amravati.

               4.   Mahendra S/o. Laxman Uke,
                    Aged about 51 years, Occupation - Service,
                    R/o. At. Po. Lehgaon Railway, Tq. Daryapur,
                    District : Amravati.

               5.   Vijay S/o. Shriramji Wankhade,
                    Aged about 58 years, Occupation - Service,
                    R/o. Near Gadge Baba Temple, Sai Nagar,
                    Daryapur, Tq. Daryapur, District : Amravati.   ----PETITIONERS

                           --VERSUS--
               1.   The State of Maharashtra,
                    Through its Secretary,
                    Department of Co-operation,
                    Marketing & Textiles, Mantralaya,
                    Mumbai.
               2.   The State Co-operative Election Authority,
                    Maharashtra State, Pune,
                    through its Secretary.
               3.   The Divisional Registrar,
                    Co-operative Societies, Amravati.
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4.   The District Deputy Registrar,
     Co-operative Societies, Amravati.

5.   The Taluka Co-operative Election Officer
     and Assistant Registrar,
     Co-operative Societies, Daryapur,
     District - Amravati.

6.   The Election Officer,
     Panchayat Samiti Karmachari Sahakari
     Sahakari Patsanstha Maryadit, Daryapur,
     Tq. Daryapur, District : Amravati.

7.   The Panchayat Samiti Karmachari Sahakari
     Patsanstha Maryadit, Daryapur, Tq. Daryapur,
     District : Amravati, Through its Manager.    ----RESPONDENTS
Mr. S. I. Ghatte, Advocate for Petitioners.
Mr. S. A. Ashirgade, Additional Government Pleader for Respondent Nos.1 & 3 to
5/State.
Mr. S. S. Ghate, Advocate for Respondent No.2 & 6.

      CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : AUGUST 22, 2023

ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)

1. Rule. Rule made returnable forthwith and heard finally with

consent of the learned Counsel for the parties.

2. The petitioners are members of the respondent No.7 -

Cooperative Society which comprises of 343 salaried employees of

Panchayat Samities in Daryapur Tahasil. The petitioners are aggrieved by

the communication dated 28.06.2023 as a result of which, the election

programme that was under way was required to be discontinued for the

reason that the rainy season had commenced.

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3. After hearing the learned Counsel for the parties, it is seen

that the order dated 28.06.2023 impugned in this writ petition was also

the subject matter of challenge in Writ Petition No.4284/2023 (Shri

Ramesh s/o. Ganpatrao Singanjude Vs. The Stat of Maharashtra and Ors.)

decided on 21.07.2023. It was held therein that the blanket order stalling

the election process irrespective of the nature of the society or the class of

its voters was bad in law.

4. In paragraph 9 of the said judgment, it has been observed as

under :

"9. The order dated 28.06.2023 was also challenged before the Aurangabad Bench in Balaji S/o. Kerba More (supra) wherein the Division Bench held that the blanket order stalling the election process irrespective of the nature of the society, its location, the category or class of voters or the report of the meteorological department could not have been passed. The exercise of such power was held to be arbitrary and capricious. The order with regard to the Societies before the Court came to be set aside. We are inclined to follow the aforesaid decision with regard to the respondent No.5 - Society herein."

5. In the present case the election programme commenced with

the filing of nomination forms on 29.05.2023. When the impugned order

dated 28.06.2023 was passed, only the stage of polling was required to be 4/4 953.wp.4245.23-J.odt

undertaken. We find that the challenge was raised is covered by the

decision in Ramesh s/o. Ganpatrao Singanjude (supra)

6. Hence, for the reasons assigned in the aforesaid judgment, the

following order is passed :-

I] The order dated 28.06.2023 issued by the respondent

No.1 would not apply to the respondent No.7 - Society for

aforesaid reasons.

II] The elections be continued in accordance with the

Election Programme that came to be published and it be

continued from the stage where the elections had been stayed

by assigning fresh dates for the remaining stages of the

elections.

7. Rule is made absolute in the aforesaid terms with no order as

to costs.

8. Authenticated copy of this order be supplied to the learned

Counsel for the respective parties to act upon.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 23/08/2023 17:30:11