Bombay High Court
Gulabrao Domaji Deshbhratar And Others vs Government Of Maharashtra, Thr. ... on 5 August, 2019
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
1 WP4759.18(J)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4759 OF 2018
1. Gulabrao Domaji Deshbhratar,
Aged about 89 years, Occupation - Retired,
R/o Tikekar Road, Dhantoli, Nagpur 440 012
2. Sonba Bhagwanji Jamankar,
Aged about 76 years, Occupation - Retired
R/o Unthkhana, Near Medical Square, Nagpur.
3. Charandas Yeoluji Tambe,
Aged about 76 years, Occupation - Retired
R/o Rambagh Colony, Medical Square, Nagpur.
4. Chandramohan Domaji Deshbhratar,
Aged about 65 years, Occupation - Retired
R/o Sugat Nagar, Jaripatka, Nagpur
...PETITIONERS
...V E R S U S...
1. The Divisional Joint Registrar,
Co-operative Societies, Nagpur
2. District Deputy Registrar,
Co-operative Societies,
Sahkar Sadan, Amravati Road, Nagpur
3. Deputy Registrar, Co-operative
Societies, Nagpur having its office at
Plot No. 32-A, 3rd Floor, Chhatrapati Square,
Wardha Road, Nagpur
4. The Administrator,
Sarkari Karmachari Sahakari Gruha,
Nirman Sanstha Maryadit, Nagpur
having registration no. 779/1973 and
its office at "Madhukar Bhawan,
Wardha Road, Dhantoli, Nagpur ...RESPONDENTS
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2 WP4759.18(J)
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Shri A.A.Naik, Advocate with Advocate N.A.Gaikwad for petitioners.
Mrs. A.R.Kulkarni, Assistant Government Pleader for respondent nos. 1 to 3.
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CORAM : A.S.CHANDURKAR, J.
DATED : 05.08.2019
ORAL JUDGMENT
Rule. Heard finally considering limited issue arising for consideration.
2. The petitioners have challenged the order dated 11.06.2018 that has been passed by the Deputy Registrar, Co-operative Societies as forwarded along with covering letter dated 07.07.2018 issued to the petitioners. As per that order, the opinion expressed so as to enable the inclusion of 54 members in the voters list who were found ineligible by the Deputy Registrar himself in the earlier proceedings decided on 14.08.2017 is under challenge. The challenge as raised is principally on the ground that by the adjudication the Deputy Registrar on 14.08.2017 was pursuant to orders passed by this Court in Letters Patent Appeal No. 135/2007. The exercise conducted as per directions in L.P.A.No.135/2007 resulted in holding 66 members to be eligible to act as members of the respondent no.4 Society and holding 54 persons to be ineligible to act as members. According to the petitioners, by issuing the order dated 11.06.2018 along with letter 07.07.2018, the power of review has been exercised without there being any such power with the Deputy Registrar.
3. In the reply filed on behalf of the respondent no.3 with affidavit dated 12.02.2019, it has been specifically stated in paragraph 6 as under : ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:27:21 :::
3 WP4759.18(J) "6. It is submitted that, the alleged order dated 11.06.2018 is not an order but the remarks/opinion expressed by the answering respondent no.3 which is not binding on the respondent no.2 and the respondent no.2 would take it final decision after hearing the parties in pursuance to the order of this Hon'ble Court in Writ Petition No.2522/2007."
4. In the light of this specific stand taken by the respondent no.3 the communication dated 11.06.2018 does not have character of an order but merely an opinion expressed by the respondent no.3 and final decision is yet to be taken which would be so taken after hearing the concerned parties. In view of this position, the writ petition can be disposed of by issuing the following directions :
(i) By accepting the stand taken by the respondent no.3 in its affidavit dated 12.02.2019, the District Deputy Registrar shall proceed to prepare the final voters' list after considering the objections thereto and after giving an opportunity to the petitioners in that regard.
(ii) In those proceedings it would be open for the petitioners to rely upon the earlier order dated 14.08.2017 passed by the Deputy Registrar holding 66 members to be eligible to vote in the said elections and 54 members to be ineligible to participate in those elections. If necessary, the District Deputy Registrar shall also grant opportunity of hearing to such members who would be affected by such adjudication.
(iii) As stated in the affidavit dated 12.02.2019, the respondent no.2 would not be influenced by the recommendations as made by the Deputy Registrar in the communications dated 11.06.2018 and dated 07.07.2018.
(iv) The writ petition is disposed of with aforesaid directions. No costs.
JUDGE ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:27:21 ::: 4 WP4759.18(J) Andurkar..
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