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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
Arun R. Pedneker, J.
Jagdish Lahu Badhe - Petitioner
Versus
State Co-operative Election Authority, Maharashtra State, Through Secretary, Pune - Respondents
Writ Petition No.11684 Of 2022
Decided On : 01-12-2022
Co-operative Election - Challenge to acceptance of nomination form - Maharashtra Co-operative Societies Act, 1960 - Section 152A - Rules 20, 21, 25 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 - The court dismissed the writ petition challenging the acceptance of the nomination form for election to Dudh Sangh, holding that the nomination paper could have been corrected by the Returning Officer if the candidate was present, and the appellate authority also had the power to rectify defects in the nomination papers. The court emphasized that the issue of whether such powers should have been exercised in the present case can only be decided in an election petition after leading evidence.
Fact of the Case:
The petitioner challenged the acceptance of the nomination form for election to Dudh Sangh, arguing that the candidate did not remain present at the time of scrutiny and that the certificate produced by the candidate indicated insufficient milk supply by the society he represented.
Finding of the Court:
The court dismissed the writ petition, stating that the nomination paper could have been corrected by the Returning Officer if the candidate was present, and the appellate authority also had the power to rectify defects in the nomination papers. The court emphasized that the issue of whether such powers should have been exercised in the present case can only be decided in an election petition after leading evidence.
Issues: The issues included the eligibility of the candidate, the power of the Returning Officer and the appellate authority to rectify defects in the nomination papers, and whether such powers should have been exercised in the present case.
Ratio Decidendi: The court held that the nomination paper could have been corrected by the Returning Officer if the candidate was present, and the appellate authority also had the power to rectify defects in the nomination papers. The court emphasized that the issue of whether such powers should have been exercised in the present case can only be decided in an election petition after leading evidence.
Final Decision: The writ petition was dismissed with liberty to the petitioner to approach the alternate forum by appropriate election petition as may be available under the 1960 Act and 2014 Rules. All issues on facts and law were kept open, including the powers of the returning authority and the appellate authority in rectifying the defects in the nomination papers to be finally decided in the election petition if filed by the petitioner before the appropriate authority.
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:-
II] The elections to respondent no.4 – Dudh Sangh was declared by Respondent No.1 – State Co-operative Election Authority by order dated 27.10.2022. Nominations forms were to be filed from 03.11.2022 to 10.11.2022. The scrutiny of the nomination forms was fixed on 11.11.2022 and the list of valid nomination forms was to be published on 14.11.2022. Withdrawal of the nominated candidates was from 14.11.2022 to 28.11.2022. On 29.11.2022, the election symbols were to be given to the candidates.
III] Respondent no.5 filed his nomination form before respondent no.3 – Returning Officer / District Deputy Registrar, Cooperative Societies, Jalgaon so also the petitioner also filed his nomination form. On 07.11.2022, respondent no.5 obtained certificate from respondent no.4 – Dudh Sangh with respect to the supply of milk by the society he represents.
IV] Respondent no. 4 – Dudh Sangh issued a certificate dated 07.11.2022 with respect to the supply of milk by the Vasant Sahakari Dudh Utpadak Society Ltd., Chinawal for the last three years. The said certificate was annexed to the nomination form of respondent no.5. On the date of scrutiny, the returning officer suo-moto on scrutiny of nomination form of respondent no.5, rejected the nomination primarily on the ground that the Vasant Sahakari Dudh Utpadak Society Ltd., Chinawal did not supply required quantity of milk for the year 2020-2021 and 2021-2022. The requirement of milk supply for the previous 3 years as per the bye-laws is for the first year to be 30,000 liters, second year – 50,000 liters and third year – 70,000 liters.
V] Respondent no.5 being aggrieved by the order passed by respondent no.3 - Returning Officer filed an appeal under Section 152A of the 1960 Act before respondent no.2 – District Co-operative Election Authority. In the appeal, he filed certificates dated 11.11.2022 and 12.11.2022 issued by respondent no. 4 – Dudh Sangh, wherein the certificates indicate that the society he represents supplied the required quantity of milk for the past 3 years being 1,61,529 liters in the year 2019-2020, for the year 2020-2021 it is 86,984 liters and for the year 2021-2022 it is 81060 liters.
VI] It was the contention of respondent no.5 before the appellate authority that the earlier certificate issued on 07.11.2022 only records the supply of the milk to one centre and not to the second centre and, thus, the present rectified certificate is filed indicating the supply of milk to both the centres of respondent no.4 – Dudh Sangh. Respondent no.4 – Dudh Sangh has not disputed the authenticity of the certificate before respondent no.2. Respondent no.2 - District Co-operative Election Authority on the basis of the fresh certificate produced by respondent no.5, by order dated 21.11.2022 allowed the appeal filed
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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