1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6083 OF 2009 1. Hasti Co-operative Bank Ltd., Hasti Sahakar Deep, Dondaicha, Taluka Shindkheda, District Dhule 2. Prakash Kachrulal Kucheria, Age 57 years, Occu.Service as General Manager, Hasti Co-operative Bank Ltd. .. PETITIONERS VERSUS 1. The State of Maharashtra, 2. The Election Commissioner of India, (Notice to be served on Collector, Dhule) 3. The Assistant Registrar, Co-operative Societies, Shindkheda, District Dhule .. RESPONDENTS Shri P.M.Shah, Senior Advocate with Shri S.P.Shah, Advocate for petitioners Shri V.H.Dighe, Assistant Govt.Pleader for respondents 1 and 3 Respondent No.2 served, absent CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 7th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ for quashing and setting aside the impugned order dated 7.9.2009 passed by respondent No.3 and also prays to declare that the petitioner No. 1 is not a State within the meaning of Article 12 of the Constitution of India and hence, the vehicles of the petitioner cannot be requisitioned for election purposes. 3. The learned Assistant Government Pleader Shri V.H.Dighe states on written instructions from the Collector that the vehicles of the petitioner are not required for election purposes. In that light of the statement, therefore, it is not necessary for us to decide the questions raised in this petition. In the light of that statement, therefore, we allow this petition and quash the impugned communication dated 7.9.2009 insofar as it relates to the petitioner, requisitioning the vehicles of the petitioner. 4. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6083.09wp) 3