2024:BHC-AS:16477 Nikita IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4195 OF 2024 Irfan Gafur Khot, Age 40 years, Occu.: Agriculture R/o.Varavade,Tal.Kankavli, District Sindhudurg … Petitioner V/s.

1. Ramesh Mahadev Bandal, Age 57 years, Occu.:Agriculture R/o.Varavade(Hiwalwadi), Tal. Kankavli,Dist. Sindhudurg

2. Election Officer, Varavade Vividh Karyakari Sahakari Seva Society Ltd., Varavade, Tal.:Kankavli, Smt.S.A.Dhawan

3. District Deputy Registrar, Coop.

Society, Sindhudurg OR District Cooperative Election Officer, Sindhudurg, Po. Oros, District Sindhudurg.

4. Secretary, State Cooperative Election Authority, Maharashtra State, Pune, Old Central Building, Pune – 1 Near Sassoon, Pune 1

5. Varavade Vividh Karyakari Sahakari Seva Society Ltd., Varavade, Tal. Kankavli, District Sindhudurg.

6. Suresh Dattaram Sadye, Age:Major, Occu.: Agriculture

7. Padmakar Anant Desai, Age:Major, Occu.: Agriculture

8. Hanumant Govind Bondre, Age:Major, Occu.: Agriculture

9. Prakash Mukund Sawant, Age:Major, Occu.: Agriculture

10.Sakharam Daji Sawant, Age:Major, Occu.: Agriculture

11.Ashok Soma Ghadigaonkar, Age:Major, Occu.: Agriculture

12.Dipak Dattaram Ghadigaonkar, Age:Major, Occu.: Agriculture

13.Yakub Adam Khot, Age:Major, Occu.: Agriculture

14.Aajim Suleman Kundalkar, Age:Major, Occu.: Agriculture

15.Jasint Marshal Lobo, Age:Major, Occu.: Agriculture

16.APandurang Lazman Mestri, Age:Major, Occu.: Agriculture

16.BSubhashchandra Dagambar Prabhudesai Age: Major, Occu: Agriculture

17.Ravikant Sonu Varavdekar, Age:Major, Occu.: Agriculture

18.Sunil Sambhaji Sawant, Age:Major, Occu.: Agriculture

19.Subhash Anant Varavdekar, Age:Major, Occu.: Agriculture

20.Rupali Gopal Bondre, Age:Major, Occu.: Agriculture

21.Hamaldin Aamroj Fernandis, Age:Major, Occu.: Agriculture

22.Pramila Hemant Natalkar, Age:Major, Occu.: Agriculture

23.Snehalata Sunil Sawant, Age:Major, Occu.: Agriculture

24.Rajkumar Dhaku Bondre, Age:Major, Occu.: Agriculture

25.Maruti Vaman Varavdekar, … Respondents Age:Major, Occu.: Agriculture All R/at Varavde, Tal. Kankavli, Dist. Sindhudurg.

Mr. Kalpesh U. Patil i/b Mr. Vivek B. Rane, for the Petitioner.

Mr. Ruturaj Pawar, for the Respondent No.1.

Mrs. M. S. Srivastava, AGP for the State-Respondent No.3.

CORAM :AMIT BORKAR, J.

DATED :MARCH 27, 2024 ORAL JUDGMENT:

1. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 20th February 2024 passed by the Co-operative Appellate Court in Appeal No.39 of 2023 thereby declaring election of petitioner as null and void mainly on the ground after publication of form E-17 under Rule 64 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 the Returning Officer becomes functus officio to correct error of declaration of result.

2. The facts relevant to the adjudication of the present writ petition are as follows: The petitioner, respondent No.6, and Respondent No.1 contested the election along with other candidates from the open category. On 16th January 2022, at about 4.00 P.M., the voting of respondent No.5-Society was over. The counting started at 4.30 P.M. on the same day. Respondent No.2-Election Officer, published the names of elected candidates in form E-17, declaring that Respondent No.1 would be elected along with other candidates who secured the highest votes.

3. On 17th January 2022, the petitioner filed an objection with the Returning Officer contending that he secured 117 votes as opposed to 115 votes secured by respondent No.1. Accepting said representation, the Returning Officer on 17th January 2022 modified form E-17 declaring the petitioner as elected candidate by deleting the name of respondent No.1 accordingly fresh form E-17 was published.

4. This act, a fresh declaration of the results of the Returning Officer, was challenged by respondent No.1 by filing Election Dispute No.154 of 2022 before the Co-operative Court, Kolhapur, mainly on the ground that the Returning Officer, having publis