1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3203 OF 2011 (Shri Prabhakar D. Bobde vs. The Divisional Registrar, Cooperative Society, Nagpur and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri M.A. Sable, Advocate for the petitioner. Shri N.W. Sambre, Government Pleader for the respondent nos.1 to 4. ---------- CORAM : R.M. SAVANT, J. DATED : JULY 25, 2011 The above petition has been filed challenging the election programme dated 20/6/2011 declared by the respondent no.3 and the petitioner has further prayed that the respondent no.2 be directed to appoint a new Election Officer for impartially conducting the election and direct the Election Officer to declare a fresh election programme of the Kolaba Swami Gruha Nirman Sahakari Sanstha Maryadit, Nagpur. This Court has heard the above petition from time to time and pursuant to the discrepancies 2 noticed in the election programme insofar as items 5 to 15 are concerned, directed the learned Government Pleader to ask the Election Officer to issue an amended election programme so that the said discrepancies are rectified in the amended election programme. Accordingly today an affidavit-in-reply has been tendered by the learned Government Pleader Shri Sambre to which is annexed an amended election programme at page 126. A grievance is now sought to be made by the petitioner as regards the disposal of the objections taken to the provisional voters’ list wherein the date stipulated in the amended election programme for the same is 28/6/2011. It is the case of the petitioner that in the earlier programme, the date mentioned was 28/7/2011 and which date was fixed considering the fact that the Election Officer has sufficient time at his disposal to deal with the objections in question. Upon this, learned Government Pleader Shri Sambre drew my attention to the election programme published in daily “Deshonnati” dated 21/6/2011 wherein the date for 3 publication of final voters list is 29/6/2011, which is the same as in the amended election programme. Finalization of the voters’ list would, therefore, imply that the objections have been dealt with earlier and, therefore, the date 28/6/2011 appearing in the amended election programme seems to be proper. The learned Counsel for the petitioner thereafter sought to contend that though earlier the number of voters were 733, they are now sought to be increased to 1064. The objections of the petitioner have been dealt with and rejected by the order dated 28/6/2011. The objections filed by the petitioners were as those contained in his letter dated 27/6/2011, which is Annexure `D’ to the above compilation. The learned Government Pleader submits that the petitioner cannot travel beyond the said objections and the said objections having been dealt with, this Court should not exercise its writ jurisdiction. The order of the Election Officer rejecting the petitioner’s objections discloses that though it was the objection of the petitioner that certain members were dead, however, he had not 4 produced the relevant material in support of the said contention. Insofar as the increase in number of members is concerned, as on the cut off date, the number of members is 1064 and accordingly the final list has been prepared. In the light of the amended election programme as also in the light of the objections raised by the petitioners having been rejected by the Election Officer by order dated 28/6/2011 and having considered the said reasons for rejection of objections, in my view, no case for interdiction in the writ jurisdiction is made out. The writ petition is accordingly dismissed. In the event the petitioner is not able to prove that he is popular amongst the members, it would be open for him to adopt appropriate proceedings for redressal of his grievances after the elections are over. It is made clear that the holding of elections to proceed as per the amended election programme at page 126 of the paper book. JUDGE khj 5