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2015 Supreme(Bom) 2505

ANOOP V.MOHTA
Pandurang Baburao Lhase – Appellant
Versus
Returning Officer @ Co-operative Officer – Respondent


Advocates Appeared:
For the Petitioner:Prashant S. Bhavake, Advocate.
For the Respondent:Pradeep D. Dalvi, Advocate, Vaishali Nimbalkar, AGP.

JUDGMENT :

Anoop V. Mohta, J.

Rule, made returnable forthwith. Heard finally by consent of the parties.

2. The Petitioners, being members of the Society, have challenged endorsement dated 17 January 2015 passed by the Returning Officer on the provisional list published by the Society as per the election programme, that resulted into denial of voting rights to them in the election of the Society.

3. Section 27(10) of the Maharashtra Co-operative Societies Act, 1960 (for short, "the MCS Act") deals with the aspect of "Defaulters" and further that such defaulters cannot participate and/or vote in such election. In view of the endorsement, the Petitioners are defaulters according to the Society, as well as, the Returning Officer. Right of voting so far as the Petitioners are concerned, is concluded and therefore, there is no question to accept the case of the Petitioners at this stage of election programme, where the stage is of withdrawal of the nominations. These are the submissions of the Society and the Returning Officer.

4. The learned counsel appearing for the Petitioners, on instructions, makes statement that they are not interested in participating in any election of the Society and
















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