CHANDRAKANT MAHADEV PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have disposed of this Writ Petition by pronouncing operative order in Court on August 5, 2009 for reasons to be separately recorded. The operative order reads thus : O R D E R

(2.) BRIEFLY stated, the Respondent No.3 is a Co operative Society registered under the provisions of Maharashtra Co operative Societies Act, 1960 (hereinafter referred to as 'the Act'). The Respondent No.6 being the Returning Officer, issued a notice on 18th May, 2009 declaring the Election of the Board of Directors of the Respondent No.3 Society. The said notice reads thus :

(3.) THE Respondent No.6 filed affidavit sworn on 30th July, 2009 and additional affidavit sworn on 3rd August, 2009. Even the Respondent No.15 filed his affidavit sworn on 3rd August, 2009. The Respondents in the first place have taken preliminary objection regarding maintainability of the Writ Petition. According to them, the Election programme having been set in motion, it is not open to this Court to interdict the same. Besides, if the Petitioners have any grievance regarding the improper conduct of the Election on any available ground, the same can be remedied by way of Election Dispute under Section 91 of the Act.