:1: :1: :1: FARAD CONTINUATION SHEET 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 PETITION NO. 1801 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.M.D.Angal for the petitioners. Mr.Vishawajeet Sawant for respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 19TH MARCH, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition is challenging an Order passed by the Deputy Registrar, Co-operative Societies, Mumbai in Appeal No.6 of 2008 which was filed under Section 152A of the Maharashtra Co-operative Societies Act, 1960. The Respondent filed an Appeal against the order of the Returning Officer dated 8.2.2008 rejecting his Nomination Form for the Election to the petitioner-Society. The :2: :2: :2: grievance of the respondent no.1 was that although eligible to contest, his nomination form has been erroneously rejected. The Appeal has been accepted by the Deputy Registrar, the Returning Officer was directed to include the name of the Respondent no.1 in the final list of contesting candidate. The order was passed on 16.2.20078. Mr.Angal appears for the petitioner-society and states that before the order of the Deputy Registrar could be given effect to, the Elections were held and the results were declared and there remained nothing like the list of contesting candidates to be finalised. He submits that the Elections results were declared on 8.2.2008. 2. Mr.Sawant appearing for the First Respondent on instructions confirms that the Elections are over, as the results are declared. Mr.Sawant states that the instructions are that the Elections were concluded without the First Respondent being informed in any manner about the same. Be that :3: :3: :3: as it may, the issue in this petition is academic at this stage. If the First Respondent challenges the Election results and disputes the validity and legality thereof, it would be open for the petitioner to raise appropriate pleas with regard to the acceptance of the Nomination form and merely because the Deputy Registrar has passed an order in favour of the First Respondent, does not mean that in the Election dispute, if filed by the First Respondent, this issue cannot be framed and considered. All contentions of both sides in that behalf are kept open. Petition is disposed off. No costs. ********