Kapila Sahakari Dudh Utpadak, Vyavasavik Saunstha Limited, & Anr. vs The Asst. Election Officer & Asst. Registrar of Co-op Societies (Elections), & Ors.

Heard Mr. A. F. Diniz, learned Counsel appearing for the Petitioners, Mr. S D. Lotlikar, learned Advocate General appearing for the Respondent nos. 1 to 3 and Mr. Pangam, learned Counsel appearing for the Respondent no. 2.

Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waive service.

The challenge in the above Petition is to the Order dated 21.12.2016 passed by the Assistant Registrar thereby deleting the name of the Petitioner no. 2 from the Voter''s list of the Petitioner no. 1 as well as a representative of the Petitioner no. 1.

During the course of the hearing of the above Petition, it is not disputed that the basis of the said Order by the Assistant Registrar disqualifying the Petitioner no. 2 from the Voters list of the Society named as Bagayatdar, was the Order under challenge in the Writ Petition no. 524 of 2016 which has been disposed of today i.e. 10.01.2017. Whilst disposing of the said Writ Petition, the Order of disqualification of the Petitioner no. 2 stands quashed and set aside by consent. In such circumstances, the Order passed by the learned Registrar under challenge in the present Petition dated 21.12.2016, no longer survives.

Mr. Pangam, learned Counsel appearing for the Respondent no. 2, however pointed out that directions be issued for fresh show cause notice to the Petitioner no. 2 expeditiously.

Considering the nature of the dispute therein, it would not be appropriate to issue such directions in the present Petition. Hence, Rule is accordingly made absolute in terms of prayer clause (a) and (b).