W.P.5849.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5849 OF 2009 Dnyaneshwar s/o Roopchand Sonwane, Age 40 years, Occ. Service, R/o. Nandgaon, Taluka and District Jalgaon ...Petitioner Versus 1 The Additonal Divisional Commissioner for Revenue, Nashik Road, Nashik, District Nashik 2 Ramesh Eknath Shinde, Age 55 years, Occ. Service, R/o. 14, Bajrangnagar. Near Jal Shuddhikaran Kendra Chopda, Tq. Chopda, District Jalgaon 3 Returning Officer and District Supply Officer Jalgaon Zilla Sarkari Nokranchi Sahakari Patpedhi Ltd., C/o. Collector Office at Jalgaon district Jalgaon 4 Jalgaon Zilla Sarkari Nokranchi Sahakari Patpedhi Ltd. Baliram Peth, Jalgaon Through its Manager Eknath Vithoba Salunke 5 Sudhanwa Hambirrao Ahirrao Age 50 years, Occ. Service, R/o. Shivshakti Colony, Bhadgaon, District Jalgaon 6 Suresh Gangaram Ingale, Age 45 years, Occ. Service, R/o. Vikhe (Bk), Tq. Raver, District Jalgaon 7 Raju Baburao Gaikwad, Age 40 years, Occ. Service, R/o. Umbarkhed, Tq. Chalisgaon District Jalgaon 8 Jagannath Khandu Chavan, W.P.5849.09 -2- Age 45 years, Occ. Service, R/o. Bajrangpura, Jamner, Ta. Jamner, District Jalgaon 9 Anilkumar Bagwat Chaudhari, Age major, Occ. Service, R/o. 09, Tapinagar, Bhusawal, Tq. Bhusawal, District Jalgaon 10 Bhaskar Dnyandeo Chaudhari, Age major, Occ. Service, R/o. Khairoda, Pra. Yawal, Tq. Yawal, District Jalgaon 11 Ramesh Bhikaji Jadhav, Age major, Occ. Service, R/o. Kasoda, Tq. Erandol, District Jalgaon 12 Sudhir Ramdas Tayade, Age major, Occ. Service, R/o. 26, Laxminagar, Jamner, Tq. Jamner, District Jalgaon 13 Deelip Uttamrao Devkar, Age major, Occ. Service, R/o. Jahagirdarwadi, Chalisgaon, District Jalgaon 14 Vilas Yadavrao Nerkar, Age 42 years, Occ. Service, R/o. Bodarde, Tq. Dharangaon District Jalgaon 15 Rajesh Ramrao Pawar, Age 42 years, Occ. Service, R/o. Janta Housing Society, Chalisgaon, Tq. Chalisgaon, District Jalgaon 16 Ashok Shravan Patil, Age 55 years, Occ. Service, R/o. Anitanagar, Dharangaon District Jalgaon 17 Gunwant Shivraj Patil, Age major, Occ. Service, R/o. D.D. Parola, Tq. Parola, District Jalgaon 18 Devendra Bhaskar Patil, W.P.5849.09 -3- Age major, Occ. Service, R/o. Shriramnagar, Chopda, District Jalgaon 19 Nawal Pitambar Patil Age 41 years, Occ. Service, R/o Behind Talathi Colony, Pachora, Tq. Pachora, District Jalgaon 20 Purushottam Manohar Patil, Age major, Occ. Service, R/o. Kothli, Tq. Muktainagar, District Jalgaon 21 Bhaidas Bajirao Patil, Age 41 years, Occ. Service, R/o. Saneguruji Colony, Erandol, District Jalgaon 22 Bhausaheb Pandit Patil, age major, Occ. Service, R/o. Jijai, Gajanan Maharaj Nagar, Bhusawal, Tq. Bhusawal, District Jalgaon (dismissed as against R. No.22 vide order dated 9.7.2010) 23 Bhaiyya Himmatrao Patil, Age major, Occ. Service, R/o. 3, Indranil Society, Jalgaon, District Jalgaon 24 Manohar Dhondu Patil, Age 56 years, Occ. Service, R/o. 33-B, Ganesh Colony, Chopda, Tq. Chopda District Jalgaon 25 Yograj Devidas Patil, Age major, Occ. Service, R/o. Shivcolony, Amalner, Tq. Amalner, District Jalgaon 26 Ravindra Prabhakar Patil, Age major, Occ. Service, R/o. Z.P. School Wadgaon, Tq. Parola, District Jalgaon W.P.5849.09 -4- 27 Rajendra Baburao Patil, Age major, Occ. Service, R/o. D.D. Nagar Parola, Tq. Parola, District Jalgaon 28 Rajendrasing Jaising Patil, Age major, Occ. Service, R/o. Modern Society, Chalisgaon, Tq. Chalisgaon District Jalgaon 29 Radheshyam Bhaulal Patil, Age major, Occ. Service, R/o. 31, Omshantinagar, Jalgaon, District Jalgaon 30 Raosaheb Mango Patil, Age 45 years, Occ. Service R/o. Marwad, Tq. Amalner, District Jalgaon 31 Walmik Rohidas Patil, Age 43 years, Occ. Service, R/o. Deshmukhnagar, Amalner, District Jalgaon 32 Vilas Motiram Patil, Age 43 years, Occ. Service, R/o. Bori Colony, Parola Tq. Parola, District Jalgaon 33 Sharad Bhagwan Patil, Age 40 years, Occ. Service, R/o. Tahakali, Tq. Dharangaon District Jalgaon 34 Shivaji s/o Madhavrao Patil, Age 45 years, Occ. Service, R/o. Asoda, Tq. And District Jalgaon 35 Shivaji Vishwam Patil, Age major, Occ. Service, R/o. Chintamani Moryanagar, Dharangaon, Tq. Dharangaon District Jalgaon 36 Sunil Nimba Patil, Age 42 years, Occ. Service, R/o. Wade, Tq. Bhadgaon W.P.5849.09 -5- District Jalgaon 37 Sudhir Iccharam Patil, Age major, Occ. Service, R/o. Vikas Colony, Nahata, Bhusawal, District Jalgaon 38 Bhikanrao Tanku Baviskar, Age major, Occ. Service, R/o. 25, “Ushakal” Dropadinagar, Gat No.34/1` Jalgaon, District Jalgaon 39 Surendra Prakash Borse, Age major, Occ. Service, R/o. Z.P. Primary School, Khaparkhede, Tq. Amalner District Jalgaon 40 Deelip Dinkarrao Bhadane Age 45 years, Occ. Service, R/o. 9-B, Adarshnagar, Pimpaleroad, Amalner District Jalgaon 41 Shamkant Bhanudas Bhadane, Age 55 years, Occ. Service, R/o. Nagaon, Tq. Amalner, District Jalgaon 42 Shashikant Bhagwan Rane, Age major, Occ. Service, R/o. Aradhana Colony, Faijpur, Tq. Yawal, District Jalgaon 43 Krishna Gajmal Satale, Age 45 years, Occ. Service, R/o. Shivcolony, Jamner, District Jalgaon 44 Bhargav Jagannath Salunkhe, Age 43 years, Occ. Service, R/o. Badgujar Galli, Chopda Tq. Chopda, District Jalgaon 45 Bhanudas Bhila Salunkhe, Age 53 years, Occ. Service, R/o. Sanghvi Colony, Pachora, Tq. Pachora, District Jalgaon W.P.5849.09 -6- 46 Ravindra Shahajirao Salunkhe, Age 48 years, Occ. Service, R/o. Adarshnagar, Chalisgaon District Jalgaon 47 Rajendra Pundlik Salunkhe, Age 42 years, Occ. Service, R/o. Pankajnagar, Tq. Chopda District Jalgaon 48 Gorakh Ramdas Suryawanshi, Age 50 years, Occ. Service, R/o. Talegaon, Tq. Jamner, District Jalgaon 49 Kishor Bhatram Sonwane, Age major, Occ. Service, R/o. 23, Shankar-Parvatinagar, Chopda, Tq. Chopda, District Jalgaon 50 Ravindra Mukundrao Sonwane, Age 41 years, Occ. Service, R/o. Balad Road, Bhadgoan Tq. Bhadgaon, District Jalgaon ...Respondents ..... Mr. Vinay B. Anjanwatikar, holding for Mr. Vinayak D. Hon, advocate for the petitioner. Mr. S.B.Ghute,Advocate for Respondent No.1. Mr. N.B.Ghute,Advocate for Respondent Nos.7, 11, 16, 18, 19, 21, 24, 27, 36, 41, 49 and 50. CORAM: S.V.GANGAPURWALA, J. DATE : 22ND JULY, 2011. ORAL JUDGMENT : 1. All respondents are served. Rule. With consent of the learned counsel for the parties, rule made returnable forthwith. 2. Present respondent No. 2 has filed election petition before W.P.5849.09 -7- respondent NO. 1. The election petition was regarding challenging the declaration made in favour of the petitioner, being elected member of the Managing committee. During pendency of the said petition before respondent NO.1, petitioner filed an application raising preliminary objections. The application dated 15.07.2009 was filed requesting respondent NO. 1 to decide the preliminary objections raised by the present petitioner. The said application was rejected on 15.07.2009 itself. Aggrieved thereby, present Writ Petition is filed. 3. It is submitted by the learned counsel for the petitioner that the objections goes to the root of the matter. Preliminary objections has to be decided instantly, but without taking into consideration this aspect the respondent NO.1 has proceeded to deal with the matters. 4. Learned Counsel for the respondents opposed the petition and state that when the issues have been already framed, it is in fitness of things to decide all issues together. 5. The matter is pending since 2009. Preliminary objections have been raised by the present petitioner and original opponent NO. 49. Preliminary objections raised are regarding the maintainability of the petition, non verification of the election petition as is required by law, etc. It would be in fitness of things to direct respondent No. 1 to decide preliminary objections first and if preliminary objections are decided in negative he can proceed further. W.P.5849.09 -8- 6. In the light of above, the impugned order is quashed and set aside. Respondent NO.1 shall decide the objections raised giving rise to the preliminary issue. Rule is made absolute in terms of prayer clause [B] with no costs. Respondent No.1 Additional Division Commissioner shall decide the proceedings expeditiously. Sd/- [ S.V.GANGAPURWALA, J. ] MTK