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ARUN R. PEDNEKER
Jagdish Lahu Badhe – Appellant
Versus
State Co-operative Election Authority, Maharashtra State, Through Secretary, Pune – Respondent
JUDGMENT :
1. In the present writ petition the petitioner is challenging the order dated 21.11.2022 passed by respondent no.2 – District Co-operative Election Authority / Divisional Joint Registrar, Co-operative Societies (Dairy), Nashik Division, Nashik whereby the appeal filed under Section 152A of the Maharashtra Co-operative Societies Act, 1960 (hereinafter refereed to as ‘1960 Act’) by respondent no.5 is allowed and his nomination form for election to Respondent No.4 – Dudh Sangh is accepted.
2. Heard Mr. R. N. Dhorde, learned Senior Advocate for the Petitioner, Mr. V. H. Dighe, learned Advocate for Respondent Nos.1 and 3, Mr. D. R. Kale, learned Government Pleader for Respondent No.2 and Mr. D. B. Thoke, learned Advocate for Respondent No.5.
3. Brief facts leading to filing of this petition can be summarized as under:-
The failure to rectify substantial defects in a nomination paper justifies its rejection under the Representation of People Act, 1951.
The main legal point established in the judgment is that the Returning Officer must conduct a summary inquiry or grant the candidate an opportunity to rebut objections before rejecting a nomination p....
In election disputes, the Returning Officer must allow candidates to rectify nomination defects; appellate courts must not interfere post symbol allotment without subserving electoral integrity.
The rejection of nominations for election was upheld due to substantial defects in compliance with statutory requirements, emphasizing the importance of strict adherence to election laws.
The nomination was rightly rejected due to substantial defects which could not be corrected post-deadline, validating the Returning Officer’s actions.
The acceptance of a nomination paper must adhere to statutory provisions, and disqualification under the Maharashtra Cooperative Societies Act is self-operative, allowing for judicial intervention in....
The main legal principle established in the judgment is that eligibility to contest an election must be determined based on the candidate's status at the time of filing the nomination or before the n....
The burden of proof in election petitions alleging improper acceptance of nominations lies with the petitioner to show material effect on election results.
Election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate and has to be allowed to operate in their own way so as t....
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