Shri Rajesh Khanna v. The State of Maharashtra & Ors.

Shri Rajesh Khanna V/s. ..Petitioner. The State of Maharashtra & Ors. ..Respondents. Mr. S.D. Thokade i/b. J.B. Kocheta for petitioner. Mr. Samir Patil, A.G.P. for respondent Nos.1 to 3. Ms. Prachi Khandge i/b. M/s. M.P. Vashi & Ass. for respondent No.4. CORAM : B.H. MARLAPALLE AND U.D.SALVI, JJ. DATED : 8TH OCTOBER, 2010 P.C. :-

We have heard the learned counsel for the petitioner. Initially, the petitioner prayed for directions to the respondents to comply with the order dated 20/01/2007 and for appointment of administrator to take over the charge of the respondent No.4 Society. When it was subsequently noticed that the order dated 20/01/2007 was acted upon, the petitioner amended the petition and now he prays for setting aside the election of the Managing Committee held by the respondent No.4 Society. 2 wp3638-10

The petitioner approached this Court earlier in Writ Petition No.3855 of 2009 and while disposing off that petition, this Court directed the Society to hold election to elect its Managing Committee within a period of three months from 31st March, 2010. This Court also made it clear that the elections shall be under the supervision of the respondent No.8 Deputy Registrar Co-operative Societies, Pune.

Mr. Sonawane, Deputy Registrar, Co-operative Societies, Pune City-1 has filed an affidavit in reply and stated that the election for the new Managing Committee of the respondent No.4 Society was held on 03/06/2010 under the supervision of the office of Deputy Registrar, Co-operative Societies, Pune as per the orders of this Court on 30/03/2010. The petitioner now contends that the elections held were not in keeping with the rules and they are illegal elections. If that be so, he may have the remedy to challenge the elections and not in a Writ Petition under Article 226 of the Constitution of India.

Hence the petition is rejected. (U.D.SALVI, J.)

(B.H. MARLAPALLE, J.)