wp4994.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4994/2011 Ahilyabai Mahila Vividh Karyakari Seva Sahakari Sanstha Maryadit -vs- The State of Maharashtra and others WRIT PETN. NO.4995/2011 Radhakrushna Dugdha Vyawasay -vs- The State of Maharashtra and others WRIT PETN. NO.4996/2011 Bhagyoday Upasa Jal Sinchan Sahakari Sanstha Maryadit -vs- The State of Maharashtra and others WRIT PETN. NO.4997/2011 Govardhan Dugdha Vyawasai Sahakari Sanstha -vs- The State of Maharashtra and others WRIT PETN. NO.4998/2011 Maharashtra Gramin Sahakari Panch Samiti Maryadit -vs- The State of Maharashtra 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 D. V. Siras, counsel for the petitioner. Shri Rode, AGP for the respondent Nos.1 and 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 22.11.2011. By this petition, the petitioner impugns the order passed by the respondent No.1, Collector, Wardha rejecting an wp4994.11.odt 2/3 application filed by the petitioner to include the name of the petitioner as a delegate for contesting the election. The Collector has by the impugned order dated 29/08/2011 rejected the application solely on the ground that the primary membership of the petitioner society has been cancelled by the resolution dated 11/08/2006. Though it is the case of the petitioner that the primary membership of the petitioner has not been cancelled, the said fact is clearly disputed by the respondent No.1. This Court would not be in a position to consider the disputed question of facts in exercise of the writ jurisdiction. Moreover, the petitioner has not challenged the resolution dated 11/08/2006 by filing appropriate proceedings. The petitioner merely challenges the order dated 29/08/2011 rejecting the application of the petitioner on the ground that it ceases to be a primary member in view of the resolution dated 11/08/2006. This Court is not required to decide in this petition as to whether the resolution dated 11/08/2006 is valid or not. There is no illegality in the impugned order dated 29/08/2011 as the primary membership of the petitioner has been cancelled by the resolution dated 11/08/2006 and due to the cancellation of the membership, the respondent No.1 had no other option but to reject the application of the petitioner for inclusion of its name as a delegate for contesting the election. In the result, the writ petition fails and is dismissed with no order as to costs. wp4994.11.odt 3/3 The issue in regard to the validity of the resolution is however, kept open as it is submitted on behalf of the petitioner that the petitioner society desires to challenge the resolution by filing appropriate proceedings. JUDGE KHUNTE