SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1992 Supreme(Bom) 59

A.V.SAVANT
Someshwar Sahakari Sakhar Karkhana Ltd. through its authorised representative – Appellant
Versus
Shrinivas Patil and others – Respondent


JUDGMENT - A.V. SAVANT, J.:---This petition raises two questions of law in view of the preliminary objection raised on behalf of the respondents as to the maintainability of this petition and it has, therefore, become necessary to deal with the said two questions at the admission stage itself. The said two questions of law are:-

(i) Whether the preparation of the list of voters for elections to the Managing Committee of a specified Society in accordance with the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 is an intermediate stage in the process of election; and

(ii) if the answer to the first question is in the affirmative, whether this Court should interfere in a petition under Article 226 of the Constitution of India and hold up the election process or whether it should leave the parties to raise the necessary dispute by way of a substantive election petition as provided for under section 144-T of the Maharashtra Co-operative Societies Act, 1960.

In my view, the first question is no longer res integra and is concluded by the two Division Bench decisions directly on the poin
















































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top