1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4565 OF 2010 Mithu s/o Narayan Kulat, Age : 41 years, Occu.Agril., R/o Khadgaon (Takali), Tq. & Dist. Ahmednagar ..PETITIONER VERSUS 1. The State of Maharashtra Through the Collector, Ahmednagar District Ahmednagar 2. The District Deputy Registrar, Co-operative Societies, Ahmednagar, District Ahmednagar 3. The Assistant Registrar, Co-operative Societies, Ahmednagar, District Ahmednagar 4. The Khadgaon Vividh Karyakari Seva Sahakari Society Ltd., Khadgaon, Tq. Nagar, Dist. Ahmednagar, Through its Chairman 5. Ramdas s/o Bhausaheb Sonwane, Age : 40 years, Occu.Agril. & The Secretary of Seva Sahakari Society Ltd., Khadgaon, Tq. Nagar, Dist. Ahmednagar, R/o Khadgaon (Takali), Tq. & Dist. Ahmednagar ..RESPONDENTS Mrs M.D. Thube-Mhase, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 to 3; Mr N.V. Gaware, Advocate for respondents no.4 & 5 2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 8th June, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard Mrs Thube, learned Counsel for the petitioner; learned A.G.P. Shri S.K. Kadam on behalf of respondents no.1 to 3 and Shri N.V. Gaware, learned Counsel on behalf of respondents no.4 & 5. The basic challenge in this petition is to the order passed by the Secretary of the respondent - society rejecting the objection submitted by the petitioner on twin grounds (i) that the objection had not been submitted within the prescribed period as per the election programme and secondly that the objections were not addressed to the Secretary but were addressed to the Deputy Registrar, Co-operative Societies. 3. After hearing elaborate arguments from the learned Counsel for the parties, Shri N.V. Gaware, learned Counsel for respondents no.4 & 5 states on the basis of the instructions given 3 to the learned Counsel by the Secretary of respondent no.4 society that the Secretary would decide the objections in accordance with law uninfluenced by the earlier order passed by him. In the light of the aforesaid concession made by Secretary of respondent no.4 society, we allow this petition and quash and set aside the impugned order and direct the petitioner to appear before the Secretary of respondent no.4 society and produce material in support of the objection raised by the petitioner to the inclusion of some names in the provisional voters list. The Secretary of respondent no.4 society shall decide the objections in accordance with law and convey the decision thereon to the petitioner. 4. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4565.10