1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WP No.4855/2010 Vitthal N. Wankhede Vs. The Collector and Returning Officer and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Gopal Mishra, Adv. for petitioner. Mr. Joshi, AGP for respondent no.1. CORAM ; B. P. DHARMADHIKRI, J. DATED : 21st October, 2010. Contention is petitioner was already delegate of respondent no.2 society and his name appeared as such in 2004 voters list. Respondent no.3 in writ petition has been shown as representative in his place and name of petitioner has been deleted without opportunity of hearing to the petitioner. Support is being taken from judgment reported at 2010(2) Bom.C.R. 582 (Baban Bhaurao Taywde Vs. State of Maharashtra and others. Advocate Kshirsagar as also AGP Joshi have supported the impugned order. It is pointed out that meeting of Executive Committee of respondent no.2 society was conducted on 24.9.2010 and in that meeting respondent no.3 has been selected as delegate. The absence of opportunity of hearing to the petitioner in the matter is apparent. 22.10.2010 i. e. tomorrow is the last date for filing of nomination. This Court has issued notice for final disposal on 4th October 2010. 2 In this situation, even if hearing is given to the petitioner, it is apparent that disputed question of fact arises. I am, therefore, not inclined to interfere in the matter. With liberty to the petitioner to avail appropriate proceedings, present petition is disposed of . No costs. JUDGE ambulkar