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1993 Supreme(SC) 677

K.RAMASWAMY, R.M.SAHAI
Ramchandra Ganpat Shinde – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, ASHOK DESAI, J.VAD, P.K.PALLI, RAJAN NARAIN, S.B.Bhasme, S.M.JADHAV, U.R.Lalit

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Jurisdiction and Powers of the Court: The Court exercises its plenary power under Article 226 to ensure justice, including the authority to modify or set aside orders obtained through collusion, fraud, or abuse of process, even if those orders are otherwise legally valid. The Court emphasizes the importance of maintaining respect for the judicial process and the rule of law (!) (!) .

  2. Election Law and Procedure: The case concerns the conduct of elections under the Maharashtra Co-operative Societies Act and the rules governing election procedures, including the preparation and finalization of voters' lists. The election process must adhere strictly to statutory provisions, particularly regarding the preparation of provisional and final voters' lists and the timing of these lists relative to the election schedule (!) (!) (!) .

  3. Validity of Voters' Lists: The final voters' list published before any postponement or judicial intervention is considered the valid list for conducting elections. Any subsequent alteration or manipulation, especially through collusive or fraudulent means, invalidates the election process based on such lists (!) (!) .

  4. Manipulation and Collusion: Allegations of collusion between certain individuals (e.g., the society's ex-chairman and others) to manipulate the voters' list and obtain favorable orders from the court are significant. Such actions undermine the legitimacy of the election process and warrant judicial scrutiny and correction (!) (!) .

  5. Abuse of Judicial Process: The Court highlights that obtaining orders through collusion or fraud constitutes abuse of the judicial process. Orders obtained in such circumstances are liable to be interfered with, especially if they circumvent statutory mandates (!) (!) .

  6. Role of Judicial Orders and Directions: Orders passed by courts, especially those obtained by consent or through collusion, must be scrutinized for legality and adherence to statutory rules. Orders that are found to be collusive or fraudulent can be set aside or modified to uphold the rule of law (!) (!) .

  7. Consequences of Collusion and Fraud: When collusion is established, the election process based on manipulated voters' lists or court orders obtained through fraudulent means is declared illegal and invalid. The Court directs that elections be conducted strictly in accordance with the original, legally valid voters' list (!) .

  8. Costs and Penalties: The Court exercises its authority to impose costs on respondents who engaged in misconduct, such as playing fraud or collusion, especially when they remained ex parte or did not contest the proceedings. The costs are quantified and can be recovered from the responsible parties (!) .

  9. Order and Directions: The Court declares the election conducted by the concerned authorities as illegal. It upholds the validity of the voters' list published prior to any judicial or administrative interference and directs the authorities to conduct elections strictly as per the statutory rules, ensuring compliance with the original valid voters' list (!) .

  10. Public Confidence and Judicial Integrity: The judgment emphasizes the importance of maintaining public confidence in the judicial system and the electoral process. It underscores the Court's responsibility to act decisively against any misconduct that threatens the integrity of elections and the rule of law (!) (!) .

If you require further elaboration or specific legal advice based on this document, please let me know.


Judgment

K. RAMASWAMY, J.

( 1 ) LEAVE granted.

( 2 ) IMPORTANT twin questions of law, namely, whether the Court while exercising its power under Art. 226, could give direction contrary to the statutory mandate, if so whether such an order is liable to judicial review by an independent proceeding under Art. 226 and if so under what circumstances and to what extent, arise for decision in this appeal. Shri Vithal Sakhar Sehakari Karkhana Ltd. , Venu Nagar, Gurusale in Solapur Dist. , the 4th respondent, for short "the Society" is a specified Co-operative Society under the Maharashtra Co-operative Societies Act, 1960 (Act 21 of 1961) for short the Act. Its term of office is 5 years. It was due to expire by 3/12/1991. The Dist. Collector, 2nd respondent is the competent authority under the Act to initiate election process in accordance with the Act and the Maharashtra Specified Co-operative Societies Elections to Committee Rules, 1971 for short the Rules. The Dist. Collector accordingly initiated the process pursuant to which the society submitted to the Collector on 18/10/1991 the list of voters as on 30/06/1991. Thereon the Collector issued the following programme to finalise the list





















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