wp3967.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3967/2011 Mahendrakumar Radhelal Kurahe -vs- The Collector, Gondia & Returning Officer 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 P. S. Tidke, counsel for the petitioner. Shri Sonare, AGP for the respondent Nos.1 and 2. Shri Motghare, counsel for the respondent Nos.3 and 5. None for the respondent No.4. CORAM : SMT. VASANTI A. NAIK, J. DATE : 12.09.2011. Heard. The writ petition can be disposed of with a direction to the respondent No.1 to include the name of the petitioner in the final list of voters as a representative of Dhanashree Karmachari Sahakari Pat Sanstha, Salekasa in place of the name of the respondent No.5 as it appears that the application was filed by the petitioner for substituting his name in place of the name of the respondent No.5 as a voter on behalf of the Pat Sanstha within the time stipulated in Rule 5(2) of the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971. It appears that the last date for filing the nomination was 16/08/2011 and the society had sent the communication for incorporating the name of the petitioner in place of the name of the respondent No.5 by the wp3967.11.odt 2/2 communication dated 03/08/2011 which was received by the respondent No.1 on 08/08/2011. Since the communication was received by the respondent No.1 seeking deletion of the name of the respondent No.5 and the inclusion of the name of the petitioner as a representative of the Pat Sanstha within the time prescribed by the provisions of Rule 5(2) of the Rules of 1971, the respondent No.1 should delete the name of the respondent No.5 and include the name of the petitioner as a representative, specially when it is submitted on behalf of the respondent No.5 by the learned counsel that the respondent No.5 does not have any objection for deleting his name as the representative of the Pat Sanstha and including the name of the petitioner in his place. Hence, the respondent No.1 is directed to delete the name of the respondent No.5 as the representative of Dhanashree Karmachari Sahakari Pat Sanstha, Salekasa and include the name of the petitioner as a representative of Dhanashree Karmachari Sahakari Pat Sanstha, Salekasa as soon as possible as the elections are scheduled on 18th of September, 2011. No order as to costs. Steno copy is granted. JUDGE KHUNTE