JUDGMENT - Chanditrkar, Actg. C. J.-This petition under Art. 226 of the Constitution of India raises an important question as to whether the wrongful rejection or acceptance of a nomination paper by a returning officer appointed for con- ducting an election of members of a managing committee to be constituted under section 73 of the Maharashtra Co-operative Societies Act, 1960 (here inafter referred to as “the Act”) can be challenged under Article 226 of the Constitution.

2. The co-operative society in the instant case is known as Arjunwada Vividh Karyakari Seva Sahakari Society Ltd., which was registered under the Bombay Co-operative Societies Act, 1925 and is now deemed to be registered under the Act. The main business of the society consists of providing loans, fertlizers, seeds and other agricultural implements to the agriculturists-members. The day to day management of the society is vested in a Managing Committee duly constituted by virtue of the provisions of section 73 of the Act which provides that the management of every society shall vest in a committee constituted in accordance with the Act, the Rules and the Bye-laws.

3. The election programme for the election of members

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