MANU/MH/1067/2022

True Court CopyTM

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Writ Petition No. 1723 of 2022

Decided On: 29.03.2022

Appellants: Anil Bhanudas Chaudhari Vs. Respondent: State of Maharashtra and Ors.

Hon'ble Judges/Coram:
V.G. Bisht

JUDGMENT

V.G. Bisht, J.

1. By the present writ petition under Article 226 and 227 of the Constitution of India, the petitioner has made following prayers:-

"A. Hold and declare that the impugned Order dated 14.03.2022 (Annex-D) passed by Respondent No. 2-Returning Officer, Aadivasi Vividh Karyakari Co-operative Society, Chandankheda, R. N. 703 Tahsil-Bhadravati, thereby rejecting the Nomination form of the Petitioner for the election of Aadivasi Vividh Karyakari Co-operative Society, Chandankheda, R. No. 703 Tahsil-Bhadravati is per se illegal, arbitrary and does not stand to the scrutiny of law;

B. Quash and set aside the impugned order dated 14.03.2022 (Annex-D) passed by Respondent No. 2 Returning Officer, Aadivasi Vividh Karyakari Co-operative Society, Chandankheda, R. No. 703 Tahsil-Bhadravati, thereby rejecting the Nomination form of the Petitioner for the election of Aadivasi Vividh Karyakari Co-operative Society, Chandankheda, R. No. 703 Tahsil-Bhadravati is per se illegal, arbitrary and does not stand to the scrutiny of law, the same being illegal, arbitrary and does not stand to the scrutiny of law;

C. Be pleased to stay the impugned Order dated 14.03.2022 (Annex-D) passed by Respondent No. 2 Returning Officer, Aadivasi Vividh Karyakari Co-operative Society Chandankheda, R. No. 703 Tahsil-Bhadravati during the pendency of the instant petition;

D. Hold and declare that the impugned Order dated 25.03.2022 (Annex.-H) passed by the Respondent No. 3 Assistant Registrar Cooperative Society Tah.-Bhadravati and Tahsil Cooperative Election Officer, Tah. Bhadravati, thereby rejecting the appeal preferred filed by the petitioner and conferring the Impugned Order dated 14.03.2022 passed by the Respondent No. 2 is per se illegal, arbitrary and does not stand to the scrutiny of law;

E. Quash and set aside the impugned order dated 25.03.2022 (Annex.-H) passed by the Respondent No. 3 Assistant Registrar, Cooperative Society, Tah. Bhadravati and Tahsil Cooperative Election Officer, Tah. Bhadravati thereby rejecting the appeal preferred filed by the petitioner and conferring the Impugned Order dated 14.03.2022 passed by the Respondent No. 2 is per se illegal, arbitrary and does not stand to the scrutiny of law;

F. Be pleased to stay the impugned order dated 25.03.2022 (Ann ex-H) passed by Respondent No. 3 Assistant Registrar Cooperative Society Tah. Bhadravati and Tahsil Cooperative Election Officer Tah. Bhadravati.

G. By way of interim relief, be pleased to retrain the Returning Officer allot the symbol to candidates and publish a final list of candidature as per the Election Programme dated 14.09.2021, during the pendency of the instant Petition;

H. Be pleased to grant ad-interim relief in terms of prayer clause (C) & (F) above;

I. Grant any other relief as this Hon'ble Court deems fit in the facts and circumstances of the instant matter".

2. Heard.

3. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

4. The brief facts of the case are that the petitioner is running a fair price shop and had filed a nomination form for contesting the Committee Election for the year 2022 from the constituency of General Aadivasi Loanee Account Holder Representative Group. On 11.03.2022, petitioner's name was reflected at Sr. No. 17 in the list dated 11.03.2022.

5. According to the petitioner, respondent namely, Suresh Mahadeo Shrirame, who is also contesting the election of the said society preferred an objection on 14.03.2022 and requested to reject/not to accept the petitioner's nomination on the ground that the petitioner is the fair price shop license holder of APMC Bhadravati which also runs the sub market at Cha........