1712wp6099.11 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6099 OF 2011 (Maroti Anandrao Gore vs. The State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. DECEMBER 17, 2011. Heard Shri Mundra, learned counsel for the petitioner and Shri Sambre, learned GP for the respondents. The learned counsel for the petitioner points out that the name of the petitioner figured in final list of contesting candidates as published on 08.12.2011. This publication, according to him, corresponds with stage 7 of the Election Programme. Thereafter in the list published on the very same date, where contesting candidates were allotted symbols, his name did not figure. The learned counsel points out the respondent's claim that the petitioner has withdrawn his nomination paper as per application dated 29.11.2011, however, no such order is passed on 08.12.2011 i.e. date of withdrawal. He further contends that the affidavit pointing out intention to contest and no submission of any withdrawal request was handed over to Returning Officer on 01.12.2011 itself. 1712wp6099.11 2/2 Shri Sambre, learned GP states that the alleged list corresponding to stage No. 7 of Election Programme is received by him recently and he needs instructions about it. He further points out that the affidavit dated 01.12.2011 was handed over not by the petitioner but by one Prashant Gohokar to the Returning Officer late in the night. He also states that the other contesting candidates are not joined as party respondents in the petition. The elections are of a Primary Cooperative Society and are scheduled on 18.12.2011 i.e. tomorrow. The other contesting candidates are not parties before this Court. In this situation, we find that the petitioner has to file appropriate dispute under Section 91 of Cooperative Societies Act. Hence, with that observation, we dispose of present petition. No order as to costs. JUDGE JUDGE *GS.