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ARUN R. PEDNEKER
Raosaheb Rustum Autade – Appellant
Versus
State Co-operative Election Authority Maharashtra State Pune – Respondent
JUDGMENT:
1. Heard.
2. Rule. Rule returnable forthwith. With consent of parties, the petitions are heard finally.
3. Both the writ petitions involve common issues, hence taken up together for hearing and facts are taken from Writ Petition No.3884 of 2023.
4. By the present petition, the petitioners are taking exception to the orders passed by Respondent No.2 – The District Election Officer, APMC and District Deputy Registrar, Co-operative Societies, Aurangabad, rejecting the application filed by the petitioners under Rule 7(5) of the Maharashtra Agricultural Produce Market Committee (Election to Committee) Rules, 2017 and not including the names of the petitioners in the final voters list of the APMC Gangapur, Taluka – Gangapur, District – Aurangabad.
5. The facts in brief leading to the filing of the petitions can be summarized as under.
6. The petitioners are members of the Vividh Karyakari Seva Sahakari Sanstha Ltd. Gajgaon, Taluka – Gangapur, District – Aurangabad (hereinafter referred as ‘said society’). The election programme of the said society was declared on 09.02.2023. As per the said programme the date of voting, counting and declaration of election result was on 28.03.2023. T
The main legal point established in the judgment is the need for strict adherence to the prescribed timelines for inclusion in the final voters list and the consequences of disqualification due to lo....
The court emphasized that interference at an intermediate stage of the election process should be limited and that issues and controversies should be settled through a properly instituted election pe....
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
As competent authority of respondent-Corporation after considering the findings of inquiry report has come to the conclusion to impose the punishment on petitioner of removal from service which does ....
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
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