JUDGMENT - N. P. CHAPALGAONKER, J.:--The nominations of the three petitioners in these petitions were rejected on the ground that they violate the requirement prescribed under Clause E of Election Rule No. 2 appended to the bye-laws. The requirement is that the candidate, on the date of filing of the nomination, should not be himself defaulter, or should not be a surety to a defaulter-borrower. The fact that the petitioners are sureties for the borrowing members who are defaulters is not in dispute.

2 The rejection of the nomination papers by the respondent No. 3 has been challenged firstly on the ground that there is no power with the Co-operative Society-respondent No. 4 to frame such a bye-law since it would be in derogation with the specific provision made by the Maharashtra Co-operative Societies Act, 1960, in section 73-FF and section 73-FFF. It is also contended by the petitioners, that there cannot be a bye-law which could further make restriction on the democratic right of the member to contest election apart from those which have been provided for by the Maharashtra Co-operative Societies Act, 1960 and under the rules made thereunder. Further submission made by Shri Tale

Click Here to Read the rest of this document