Rahul Tulshiram Bansod And Others vs District Cooperative Election ... on 17 June, 2022
4. The respondents have appeared in pursuance of notice
issued on 09/06/2022 and a preliminary objection is raised as
regards the maintainability of the writ petition on the ground that
the election process is already initiated and in terms of the settled
position of law, particularly in the light of Rule 78 of the
Maharashtra Co-operative Societies Election to Committees
Rules, 1971, the only remedy available to the petitioners is to raise
dispute under Section 91 of the Maharashtra Co-operative
Societies Act, 1960. The learned counsel for the respondent
Nos.2 to 8 further submitted that even if this Court was to
consider the contentions of the petitioners on merits, it could be
demonstrated on the face of it that there was no illegality in the
order passed by the respondent No.1 and that, therefore, no case
was made out for interference in the present petition. Reliance
was placed on the judgment of the Hon'ble Supreme Court in the
case Shri Sant Sadguru Janardhan Swami (Moingiri Maharaj)
Sahakari Dugdha Utpadak Sanstha and Another Vs. State of
Maharashtra and others reported in 2002(1) Mh.LJ. 659 and
judgments of this Court in the cases of Shriram S/o Mukundrao
MP Deshpande
3/8 951-wp-3111-22
Korde Vs. State of Maharashtra & Ors. reported in 2015(4)
Mh.L.J. 659; Karmavir Autade & Ors. Vs. State Election
Commission & Ors. reported in 2021 (2) Mh.L.J. 349; Dattatray
Genaba Lole & Ors. Vs. The Divisional Joint Registrar,
Cooperative Societies & Ors. reported in MANU/MH/3767/2021
(Writ Petition No. 5878/2021 BOM, HC) and Writ Petition No.
3306/2021 (BOM HC, Nagpur Bench) Sau.