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2023 Supreme(Bom) 1703

AVINASH G. GHAROTE
Zamsingh – Appellant
Versus
District Co-Operative Election Officer – Respondent


Advocates appeared:
A.M. Ghare, Advocate, O.A. Ghare, Advocate, Tajwar Khan, Advocate, R.L. Khapre, Advocate, V.A. Lohia, Advocate, S.S. Deshpande, Advocate

JUDGMENT/ORDER

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsels for the rival parties.

3. The petition challenges the order dtd. 13/2/2023 passed by the respondent No.1 (page 25), whereby the objection raised by the respondent No.2, to the inclusion of the name of the petitioner, in the provisional voters list of the respondent No. 3/Society, has been accepted and the name of the petitioner has been directed to be deleted from the provisional voters list itself.

4. It is contended by Mr. Ghare, learned counsel for the petitioner, that such an exercise is not permissible for the respondent No.1, considering the limited powers conferred upon him by the provisions of Rule 8 of the Maharashtra Cooperative Societies (Election to Committee) Rules 2014 (for short the "Rules of 2014") and the only correction which could be made would be in respect to the name or address or other particulars in the list submitted by the Society to the Election Officer, as may be brought to the notice of the respondent No. 1. It is contended, that any claim regarding the petitioner being a defaulter or otherwise, on the basis of fraud cannot form the subject m

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