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2011 Supreme(Bom) 362

VASANTI A.NAIK
Vivek Bhaiyasaheb Deshmukh – Appellant
Versus
Returning Officer-cum-Collector – Respondent


Advocates appeared:
For the Petitioners: S.V. Parkhi with Shri S.P. Deshpande, counsel.
For the Respondents: R1 & R2, K.L. Dharmadhikari, Assistant Government Pleader, R3, K.S. Narwade, counsel.

JUDGMENT

RULE. Rule made returnable forthwith.

The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2. By this petition, the petitioners impugn the order passed by the Collector, Yavatmal postponing the election to the respondent no.3-Society from the Cotton Growers Constituency. The Collector, Yavatmal had invoked the provisions of Rule 29 of the Maharashtra Specified Cooperative Societies Election to Committee Rules, 1971 as, one of the candidates, who had filed his nomination form, had expired on 08.03.2011.

3. The respondent no.2 had published the election program for electing the Board of Directors of respondent no.3-Sut Girni. The petitioners and certain other persons had filed their nomination papers from Cotton Growers Constituency as seven directors were to be elected from Cotton Growers Constituency. According to the election program, the nomination forms were to be filed on or before 23.02.2011 and the dates for withdrawal of the nomination form was 25.02.2011 to 11.03.2011. Before the last date for withdrawal of the nomination, one of the persons, who had filed the nomination, namely Rajabhau Yenkar, expired








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