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2003 Supreme(Bom) 20

R.M.S.KHANDEPARKAR
Vijaysingh Krishnarao Parbat – Appellant
Versus
Returning Officer & others – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Rule. By consent, the rule is made returnable forthwith.

2.The petitioner challenges the orders passed by the Returning officer and the appellate authority rejecting his nomination paper for election to the managing committing of the Janata Sahakari Bank Limited, Kurduwadi, hereinafter referred to as "the said society". The challenge is on the ground that inspite of the default having been cured prior to the disposal of the appeal under section 152 of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as "the said Act", the petitioner is being illegally denied the right to contest the said election in violation of the provisions of section 73-FF(1) of the said Act.

3.The programme for election of the managing committee of the said society was declared in November, 2002. Accordingly, the last date for filing of the nomination paper was 16-12-2002. The scrutiny was to take place on 17-12-2002. The last date of withdrawal of the nomination paper was 4-1-2003. The election is to be held on 19-1-2003. The petitioner had filed his nomination paper on 16-12-2002. Pursuant to the objecti













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