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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R. PEDNEKER, J.
Pramod S/o Pandurang Patil – Appellant
Versus
The District Deputy Registrar, Co-operative Societies, Jalgaon – Appellant
Writ Petition No.12241 of 2022
Decided on : 16-12-2022
M.C.S. Act - Cooperative Society - Section 73D, Section 152A, Section 153 - The court discussed the legality and validity of rejecting the petitioner's nomination form for election to the Managing Committee of a cooperative society established under the Mumbai Co-operative Societies Act, 1925. The court interpreted the provisions of Section 73D of the M.C.S. Act and the bye-laws of the society to determine the petitioner's eligibility to contest the election. The court held that the bar under Section 73D does not apply to the petitioner for contesting the election to the Managing Committee, and directed the Returning Officer to accept the petitioner's nomination form.
Fact of the Case:
The petitioner challenged the rejection of their nomination form for election to the Managing Committee of a cooperative society. The petitioner contended that they were entitled to contest the election as a member of the Managing Committee.
Finding of the Court:
The court found that the bar under Section 73D of the M.C.S. Act did not apply to the petitioner for contesting the election to the Managing Committee, and directed the Returning Officer to accept the petitioner's nomination form.
Issues: The issues revolved around the interpretation of Section 73D of the M.C.S. Act and the bye-laws of the society to determine the petitioner's eligibility to contest the election.
Ratio Decidendi: The court held that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee, as the petitioner was entitled to contest the election as a member of the Managing Committee.
Final Decision: The petition was allowed, and the court directed the Returning Officer to accept the petitioner's nomination form for contesting the election to the Managing Committee of the cooperative society.
JUDGMENT :
1. By the present petition, the petitioner is challenging the legality and validity of the order dated 28/11/2022, passed by the respondent no.1/The District Deputy Registrar, Cooperative Societies, Jalgaon rejecting the appeal and confirming the order dated 21/11/2022, passed by the respondent no.2/The Returning Officer, Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon rejecting the nomination form of the petitioner for election to the members of Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon/a co-operative society established under the Mumbai Co-operative Societies At, 1925.
2. It is contention of the petitioner that, he is the member of Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon. The said Kharjai vividh Karyakari Sahakari Society is the member of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon since its establishment. The petitioner contend that as he is representative of the said Kharjai Society and he has voting rights to contest the election of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. The petitioner is included as voter in the election of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., as a representative of the member society. The petitioner had earlier also contested elections for the period 2007 to 2012 and was elected as member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd.
3. The respondent no.2/Returning Officer had published the programme for finalization of the voters list, thereby publishing the provisional voters list calling objections for the same. The petitioner’s name was included as representative of said Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon and was finally included in the final voters list published by respondent no.2. After finalization of the voters list, the election programme came to be published from the stage of filing of the nomination. As per the said programme, the nominations were to be filled from 11/11/2022 to 17/11/2022. The petitioner being the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., and being entitled to contest election of member of the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., the petitioner filed nomination form from the general category and scrutiny was scheduled on 18/11/2022.
4. The respondent no.3 objected to the nomination form of the petitioner contending that, in view of the provisions of Section 73D of the M.C.S. Act, 1960, the petitioner has no right to contest the election for becoming Managing Committee member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. After considering the objection raised by the respondent no.3 and the response of the petitioner, the Returning Officer rejected the nomination form of the petitioner holding that the petitioner is not entitled to contest the elections for the Managing Committee in view of the bar under Section 73D of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as ‘M.C.S.Act, 1960).
5. The petitioner, thereafter, filed appeal before the respondent no.1/appellate authority under Section 152A of the M.C.S.Act of 1960. The respondent no.1 by order dated 28/11/2022 confirmed the order passed by the respondent no.2 and the same is impugned in the present petition.
6. It is the contention of the petitioner that both the orders of respondent nos.1 and 2 are illegal and in violation of provision of Section 73D of the Maharashtra Co-operative Societies Act, 1960. The petitioner is entitled to contest the elections as the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., but is not entitled to contest the election for post of chairman or President, as the post are “designated officer” post of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited. The reasons given by the respondent Nos.1 and 2 in their impugned order that the petitioner can
The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
The automatic cessation of membership upon incurring disqualification and the lack of provision for membership revival.
The main legal point established in the judgment is that the eligibility of each petitioner as agriculturists and residents of the society must be considered individually by the statutory authorities....
Sub-rules (4) and (4A) would specifically make it clear that what was being sought to be explained by explanation was with regard to right to be included in a voters list and therefore, eligibility t....
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