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2008 Supreme(Bom) 1698

NARESH H.PATIL, S.R.DONGAONKAR
Vilas Dadarao Chavan – Appellant
Versus
Kiran Ashok Patil Dongaonkar – Respondent


Advocates appeared:
Shri. P.M. Shah, Senior Counsel holding for
Shri.P.V. Barde, Advocate for the appellant.
Shri.V.D. Salunke, Advocate holding for
Shri.P.B. Shirsat, Advocate for respondent No.1.
Smt. B.R. Khekale, A.G.P. for respondent No.2.
Shri.B.N . Gadegaonkar, Advocate holding for
Shri. M.V. Ghatge, Advocate for respondent No.4.

JUDGMENT:.

Heard learned counsel of the parties.

2. This L.P.A. seeks to challenge the order passed by learned Single Judge of this Court ( Coram : R.M. Borde, J.) in Writ Petition No.7251/2007 dated 21-08-2008 by which, writ petition of respondent No. 1 was disposed of as infructuous.

3. Facts leading to this appeal may be stated thus :

Respondent No. 1 and present appellant/Intervenor in W.P. No.7251/2007 had tendered their nomination papers for contesting election from Khultabad Taluka Co-operative Societies Constituency. Their nomination papers were rejected by the Returning Officer. Respondent No. 1 challenged the order passed by the Returning Officer by presenting the appeal before the Additional Commissioner, Aurangabad in view of the provisions of Section 152(A) of the Maharashtra Co-operative Societies Act, 1960. The said appeal was dismissed. As such, the relevant order was challenged in the instant petition. It appears that the appellant has not challenged that order of rejecting nomination paper. The petition of respondent No. 1 came before this Court (Single Bench) for admission on 12-12-2007. The Court passed following order. Notice returnable 4 weeks. . Shri. Shinde,




























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