JUDGMENT - J.N. PATEL, J.:---(Note: The learned Counsel for the respondent No. 1 has filed a Pursis on 2-9-1999 stating that the respondent No. 1, namely, Madhukar Ramrao Bhuibhar, expired on 25-8-1999. The learned Counsel for the parties state that irrespective of the fact that the respondent No. 1 having expired on 25-8-1999, this petition will have to be disposed of on merits. In my opinion, the present petition requires to be considered on merits as election petitioner has died after the decision of the election petition in his favour and action survives.)

1.The petitioner Sudhakar Gangaram Bahale seeks to impugn the order dated 29th September, 1998 passed by the Additional Commissioner, Amravati Division, Amravati, in Election Petition No. 6/Ele-Pet/144-T of 1996-97 of Akola, under which he has set aside the election of the petitioner (original respondent No. 3) and declaring respondent No. 1 (original petitioner), Madhukar Ramrao Bhuibhar, as elected member till the Managing Committee completes its term, of Nilkanth Sahakari Soot Girni Ltd., Akola, a specified society within the meaning of section 73G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to

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