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1994 Supreme(Bom) 44

N.P.CHAPALGAONKER
Bhaulal s/o. Rajdhar Sonavane – Appellant
Versus
Returning Officer and others – Respondent


JUDGMENT -N.P. CHAPALGAONKER, J.:-These four writ petitions raise a common question of law in the set of identical facts and are, therefore, being disposed of by this common judgment. Election to Uttarane Vividh Karyakari Seva Sahakari Sanstha Maryadit, a Co-operative Society within the meaning of section 2(27) of the Maharashtra Co-operative Societies Act, 1960 were scheduled on 26th December, 1993. Nomination papers of these four petitioners came to be rejected on the ground that they are defaulters not having repaid crop loan on the due date. It is the case of all the petitioners that though they did not repay the crop loan on the due date, they have paid it subsequently and on the date of the nomination, they were not in arrears about crop loan of the Society in question. The question is whether a default once committed by a primary member of the Co-operative Society would disentitle him to contest the election even if he has repaid the amount defaulted before he files the nomination.

2. Shri V.J. Dixit, learned Counsel appearing for petitioner, contended that the language of sub-section (1) of section 73-FF makes it clear that the question whether one is defaulter or not will h








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