In a writ petition, the bench dismissed the challenge against the Deputy Registrar's order allowing the respondent's election nomination, holding that disputed facts preclude extraordinary jurisdiction.
Writ petition dismissed; petitioner permitted to file an election petition if respondent is elected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO.2291 OF 2007
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Mr.Y.D.Mulani i/b Ms.Shobha Waghmare for the
petitioner.
Mr.Pradeep Jadhav AGP for respondent nos.1
and 3.
Ms.Shabanam Kazi for respondent no.2.
CORAM: D.B.BHOSALE, J.
DATED: 25TH OCTOBER, 2007
P.C.:
. Heard learned counsel for the parties.
2. By this writ petition the petitioner has
impugned an order passed by the Deputy
Registrar, Co-operative Societies dated 3rd
October, 2007 by which the Deputy Registrar has
allowed the appeal filed by respondent no.2
challenging rejection of his nomination for the
election of the housing society. The Deputy
Registrar after having considered merits of the
case has held that respondent no.2 is entitle to
contest election being associate member of the
society. Apart from the fact that voting is on
28.10.2007, I find no reason to interfere with
such order where the petitioner has raised
disputed questions of facts, in the
extraordinary jurisdiction of this court under
Article 226 of the Constitution of India. It
would be open for the petitioner to challenge an
election of respondent no.2, if he gets elected
in the election, by way of election
petition/dispute. With these observations the
writ petition is dismissed.
(D.B.BHOSALE, J.)
1 issue framed by the court
Whether the writ petition should be dismissed given the existence of disputed questions of facts.
1 provisions across 1 enactments
Y.D. Mulani
Respondent No.2 (Associate Member)
Respondent Nos.1 and 3
D.B. Bhosale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court