BALUKUSHAPPA KAMBLE Vs. RANGOLI VIVIDH KARYAKARI SAHAKARI VIKAS SEVA SANSTHA MARYADIT RANGOLI TALUKA HATHANANAGALE DIST KOLHAPUR

JUDGEMENT

(1.) IN the petition, the petitioner have challenged the rejection of the nomination forms by the Returning Officer for the purposes of the election of the Managing Committee of the 1st respondent-society. The petitioners though served are absent. The petitioners have submitted that the nomination paper in connection with the election of the Managing Committee of the 1st respondent-society for the years 1985-1986 to 1987-1988 have been accepted as per the election programme. It is highlighted in the petition that the declaration of provisional list of voters was notified on 1st July, 1985 and thereafter the scrutiny of the nomination forms was kept on 31st July, 1985 and communication of the rejection to the disqualified candidates on 1st October, 1985. It is averred in the petition that in the meeting of the Managing Committee held on 2nd August, 1985 at 10. 00 a. m. The nomination papers of the petitioners were rejected and that the petitioners have approached this Court challenging the said rejection of the nomination paper of the petitioner. As per the order dated 8th August, 1985 process of the further election was stayed. As seen from the petition with the rejection of the nomination papers of the petitioner for the purpose of the meeting of the Managing Committee of the 1st respondent for the years 1985-1986 to 1987-1988, during the pendency of the petition interim relief in favour of the petitioners was granted and in view of pendency of this petition for about 11 years the petition has become infructuous. Even as per bye-laws of the society, election of the Managing Committee of the 1st respondent society is to be held every three years and in view of the lapse of time and considering the rejection of the nomination papers of the petitioners for the years 1985 to 1988, the petitions have become infructuous and accordingly rule is discharged. There will be no order as to costs in both the petitions.