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2000 Supreme(Bom) 700

A.M.KHANWILKAR
Manohar s/o Ganpatji Singanjude – Appellant
Versus
Returning Officer, Bhandara District Milk Producers Federation and others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 226 of the Constitution of India takes exception to the order passed by the Returning Officer on 8th October, 1998 rejecting the objection raised by the petitioner that the respondent No. 3 was disqualified from contesting the election for the Managing Committee of the respondent No. 2 society, being appointed as a Police Patil of Mouza Mandhal, District Bhandara by the State Government, under the relevant provisions of the Act, Rules or the Bye-laws of the society.

2. The Returning Officer negatived the objection mainly on the ground that the respondent No. 3 was not receiving salary from the State Government but was receiving honorarium and, therefore, he was not covered by any of the disqualifications.

3. In the present writ petition diverse contentions have been raised. The writ petition came to be admitted to 3rd November, 1998 and it appears that it was heard from time to time. It is at this stage, that preliminary objection was taken on behalf of the respondent regarding maintainability of the writ petition on the ground that; an alternate and efficacious remedy of election petition has been provided for under










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