ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3902 OF 2008 PETITION NO.3902 OF 2008 PETITION NO.3902 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.S.Kapse for the Petitioner. Mr.N.N.Bhardrashete for Respondent Nos. 5 and 14. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 1st August, 2008 : 1st August, 2008 : 1st August, 2008. P.C. P.C. P.C. . Mr.Kapse, the learned counsel appearing for the Petitioner seeks leave to withdraw the present Petition with liberty to file a fresh application for recounting of votes with further liberty to lead the evidence in that regard. Leave is granted with liberty. 2. Needless to mention that Respondent Nos. 5 and 14 are entitled to cross examine the witnesses of the Petitioner. These Respondents are also entitled to object the Petitioner’s application for re-counting of votes, on the ground that the Election Dispute is not maintainable under Section 91 of the Co-operative Societies Act-1960. ( 2 ) [ R. V. MORE, J.] R. V. MORE, J.] R. V. MORE, J.]