1 wp9672.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9672 OF 2010 Padma Raghunath Dhangar (Pujari) And Others. Petitioners. Vs Deputy Registrar, Co-operative Societies, Hatkangale & Ors. ...Respondents. ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Sachin Atmaram Gorkhinde, Secretary of 3rd Respondent is present in Court. Mr. Tejpal S. Ingale for the petitioners. Mr. A.B. Vagyani, AGP for Respondent Nos. 1 and 2. Mr. Nagesh Y. Chavan for Respondent No.3. Mr. V. S. Talkute for Respondent Nos. 4 & 5. --- CORAM : A.S. OKA, J. DATE : 16th DECEMBER 2010 P.C: 1. Heard the learned Counsel 2 wp9672.10 appearing for the petitioners, the learned Counsel appearing for respondent Nos. 4 and 5, learned Counsel appearing for 3rd respondent and the learned AGP for 1st and 2nd respondents. Taken up for final hearing considering the urgency. 2. By order dated 7th December, 2010 the learned AGP was directed to take instructions whether the petitioners were heard before passing the impugned order. Today affidavit of 1st respondent is filed, which is silent on this aspect. The specific ground taken by the petitioners in ground (I) of Paragraph 9 of the petition is that the petitioners were not heard before passing the order impugned. The affidavit in reply does not dispute the said ground (I). 3. Order impugned dated 4th December, 2010 does not show that the 3 wp9672.10 petitioners were heard. There cannot be any dispute that the petitioners are affected by the impugned order, by which their names have been ordered to be put in the list of non borrower members though in the draft list of voters they were shown as borrower members. 4. The learned Counsel appearing for the third respondent states on instructions that the election programme is not yet declared. The learned Counsel appearing for Respondent Nos. 4 and 5 states that election programme has been declared, and it will start from 22nd December, 2010. 5. As the petitioners are not heard while dealing with the objections regarding their membership, the impugned order will have to be set aside only on that ground. Hence I pass the 4 wp9672.10 following order. (i) The impugned order dated 4th December, 2010 is set aside. (ii) The petitioners and 4th and 5th respondents are directed to appear before the Deputy Registrar-Respondent No.1 at 11 a.m. on Monday 20th December, 2010. The Deputy Registrar will immediately hear the parties and will pass an appropriate order on the objections raised by respondent Nos. 4 and 5. The order shall be passed on the same day. (iii) The effect to the said order shall be given to the list of voters by carrying out necessary corrections, if any. (iii) As a copy of this order may not be available till Saturday i.e. 18th December, 2010, the learned AGP will 5 wp9672.10 communicate this order to the 1st respondent. The said respondent will act upon the communication of the learned AGP. (iv) All the contentions of the parties on merits of the objections are kept open. (v). Petition is disposed of on above terms. (vi) All concerned to act upon the authenticated copy of this order. JUDGE