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2023 Supreme(Bom) 49

ARUN R. PEDNEKER
Vaibhav Manohar Bhokare – Appellant
Versus
State Co-operative Election Authority – Respondent


Advocate Appeared:
For the Appellant :Mr.V.D.Sapkal, i/b. Mr.S.R.Sapkal & Adv.Nikita N.Gore, Advocates
For the Respondent: Mr.V.H.Dighe, Mr.K.B.Jadhavar, Adv

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally.

2. By the present Writ Petitions, the petitioner is challenging order dated 03.01.2023 passed by the District Co-operative Election Officer – respondent no.2 wherein objections of the petitioner to the nomination of respondent no.3 were overruled. The notices were issued in the present Writ Petitions on 07.01.2023, which were made returnable on 12.01.2023 on account of urgency. These Writ Petitions were listed on 12th January, 2023 but did not reach and were taken up for hearing on 13th January, 2023. On 13.01.2023, it was observed that none appears for respondent no.3 although bailiff report shows that respondent No.3 is served on 10.1.2023. The petitioner was again permitted to serve respondent no.3 by all modes including RPAD, E-mail etc. and the matters were listed for hearing today i.e. on 16.01.2023 at 10.30 a.m.

3. Today, the petitioner has shown print out of Whats-app message that the petitioner has again intimated to respondent no.3 about listing of the Writ Petitions today for hearing. Hence, the matters are taken up for hearing today. Both the Petitions are identical on facts and hence taken up together f

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