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2015 Supreme(Bom) 892

S.C.DHARMADHIKARI, G.S.KULKARNI
Pandurang Laxman Kadam – Appellant
Versus
State of Maharashtra, Through its Secretary, Ministry of Co-operation – Respondent


Advocate Appeared:
For the Petitioners:S.M. Oak i/b Pranil Sonawane, Sagar Joshi, Advocates.
For the Respondents: R1, R2, M.S. Bane 'B' Panel Counsel.

Judgment

S.C. Dharmadhikari, J.

1. The petitioners pray by this writ petition under Article 226 of the Constitution of India that the respondents and particularly the Election Officer be directed to include 124 names in the list of voters for elections and which are scheduled for the constitution of a committee to manage and administer the affairs of Shivanand Cooperative Housing Society Ltd.

2. The argument of Mr.Oak learned counsel appearing in support of this petition is two-fold:

3. He firstly submits that though The Maharashtra Co-operative Societies (Elections to Committee) Rules, 2014 are notified by the statute, they supersede all prior Rules. By Rule 78 of these rules in part XI it is stated that no election shall be called in question except by an Election Petition presented to the Co-operative Court as laid down in section 91. Mr.Oak submits that because of the supersession of the prior Rules, what has remained thereafter and in the present set of Rules is the procedure for holding elections. However, as notified by the same statute in other rules and particularly Maharashtra Specified Societies (Elections to Committees) Rules all details such as necessary parties to the Ele








































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