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2015 Supreme(Bom) 229

ANOOP V.MOHTA
Babasaheb Bapusaheb Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared
For the Petitioners:Prajakt M. Arjunwadkar, Advocate.
For the Respondents:R1 & R2, S.D. Rayrikar, AGP, R4, C.G. Gavnekar a/w Suhas Deokar, Advocates.

Judgment:

1) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2) The petitioners' objection to their exclusion in the voters' list of the society-respondent No.4 have been considered/accepted by the Returning Officer-respondent No.4, in view of the provisions of the Maharashtra Co-operative Societies Act, 1960. However, by the present petition, the action of respondents of finalising the voters' list by deleting the other 804 members has been challenged and thereby sought declaration that the final list of the voters published on 20 January 2015 be declared as illegal and bad in law, further pray to prepare and republish the revised final voters' list, who have been members in the list of voters as on 31 October, 2012. Thereby, also pray to set aside the communication dated 17 January, 2015. The prayer is also made to stay the process of election programme as declared by respondent No.5 on 13 January, 2015 based upon the impugned final voters' list.

3) The learned counsel appearing for respondent No.4society has raised a preliminary objection, apart from their reply/objections to the averments so made by the petitioners by affidavit dated 10 February 2

















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