This thin order quashes an impugned order regarding cooperative elections and remands related pending petitions for final hearing based on party consent.
Impugned order set aside; petitions allowed.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1230 OF 2020
WITH
WRIT PETITION NO.1231 OF 2020
WITH
WRIT PETITION NO.1232 OF 2020
WITH
WRIT PETITION NO.1233 OF 2020
WITH
WRIT PETITION NO.1234 OF 2020
WITH
WRIT PETITION NO.1235 OF 2020
WITH
WRIT PETITION NO.1238 OF 2020
WITH
WRIT PETITION NO.1239 OF 2020
Kolhapur Zilla Dudh Utpadak Sanstha
Maryaditt, Kolhapur
Vs.
District Cooperative Election Officer
& Ors.
..Petitioner
..Respondents
Mr. Surel S. Shah, Advocate for Petitioner.
Mr. Prashant Bhavake, Advocate for Respondent No.2.
Mr. Abhijit Kulkarni, ‘A’ Panel Counsel with Y. D. Patil, AGP for
Respondent Nos.1 & 3/ State.
Mr. N. C. Walimbe, AGP for Respondent / State in WP No.1231/20.
Ms. M. S. Bane, AGP for Respondent / State in WP No.1232/20.
Mr. A. B. Kadam, AGP for Respondent / State in WP No.1233/20.
Mr. P. P. Pujari, AGP for Respondent / State in WP No.1234/20.
Mr. A. P. Vanarase, AGP for Respondent / State in WP No.1235/20.
Mr. Mansingh Hindurao Patil, Chairman, Yevluj.
CORAM : C.V. BHADANG, J.
DATE : 12th FEBRUARY, 2020
Mamta Kale
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P.C.
Heard for some time.2.It transpires during the course of arguments, at bar, that the
petitions being Writ Petition Nos.7381/2012, 7571/2012, 830/2012
and 831/2012 filed by the respondent No.2 challenging their
expulsion from the membership of the petitioner Federation are
pending before this Court for final hearing. Learned counsel for the
respondent No.2 submits that it would be appropriate that these
petitions are taken up for final hearing expeditiously so that the
issue can be resolved finally. Learned counsel for the second
respondent, on instructions, states that subject to these petitions
being heard expeditiously, the respondent No.2 in each of these
petitions have no objection for setting aside the impugned order, in
view of the fact that the elections are now scheduled to be held
somewhere in May 2020. The learned counsel for the petitioner and
the contesting respondent No.2 in each of these petitions therefore
submit that this Court may not record detailed reasons.
3. In the result, the petitions are disposed of by consent of the petitioner and the contesting respondent No.2, in the following terms.
ORDER
1. All the petitions are allowed.
2. The impugned order and the consequential
action taken in pursuance thereof is hereby set aside.3. In the circumstances, there shall be no order as to costs.
Mamta Kale
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4. By consent of parties, Writ Petition Nos.7381/2012, 7571/2012, 830/2012 and 831/2012 to stand over for final hearing on 12/3/2020 at 3.00
p.m.
C.V. BHADANG, J.
Mamta Kale
Kolhapur Zilla Dudh Utpadak Sanstha
District Cooperative Election Officer
C.V. Bhadang, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court