JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally.

2. By the present Writ Petition, the petitioner is challenging the impugned order dated 28.02.2023 passed by the respondent no.1 – Returning Officer, Mahavir Nagari Sahakari Patsanstha Maryadit, Chopda, Taluka Chopda, District Jalgaon, rejecting the objections of the petitioner and accepting the nomination of the respondent no.3 Shantilal Tarachand Bothra for the election to the Cooperative Society, respondent no.2 – Mahavir Nagari Sahakari Patsanstha Maryadit Chopda, Taluka Chopda, District Jalgaon [for short ‘society’].

Brief facts leading to filing the present Writ Petition is as under:

3. The elections of the respondent no.2 - Mahavir Nagari Sahakari Patsanstha Maryadit Chopda was due, as such, the election authority declared election of the said society for the period of 2022 to 2027. The primary voters list came to be published on 04.01.2023. As per the election programme, the nomination came to be accepted from 20.02.2023 to 24.02.2023. The scrutiny of the nomination was from 27.02.2023 and the list of nominated candidate is published on 28.02.2023. The last date of withdrawal of nomination is from 28.02.2023 to 15.03.2023 and the last date of publication of nominated candidate is on 16.03.2023. The election will be taken place on 26th March, 2023.

4. The respondent no.3 filed his nomination for contesting the election of the member of Managing Committee of the Mahavir Nagari Sahakari Patsanstha Maryadit Chopda. The petitioner raised objection to the said nomination of the respondent no.3 on 27.02.2023 on the ground that the respondent no.3 was co-borrower to the hypothecation loan no.19/73 dated 30.08.2023 and hypothecation loan No.19/72 dated 30.08.2013 of Rs.25,00,000/- each. Both the loans are in default and being a co-borrower his nomination is liable to be rejected. It was also further submitted that the respondent no.3 is a defaulter of loan advanced by Sharadchandrika Nagari Sahakari Patpedhi. Similar objection was raised by one more member. Notices were issued by the respondent no.1 authority calling for explanation from the respondent no.3 and the respondent no. 2 – society. The respondent no.1 authority, by order dated 28.02.2023, rejected the objection of the petitioner and accepted the nomination of the respondent no.3. The order dated 28.02.2023 passed by the respondent no.1 Returning Officer, Mahavir Nagari Sahakari Patsanstha Maryadit Chopda observes as under :

True English translation of the order dated 28.02.2023 is as under :

Appropriate proceeding for the recovery of the said loan is undergoing at the Society level. Therefore, rejecting the candidature of Shri. Shantilal Tarachand Bothara due to both defaulted loan matters is neither as per rules nor justifiable. Similarly, Shri Shantilal Tarachand Bothara has repaid the loans of Sharadchandrika Urban Co-operative Society Limited, Chopada entirely and the photocopies of No Dues Certificate are being submitted herewith.

Similarly, it has become clear that in the judgment in the Appeal No. A-30/2020 u/s 152 of the Act before the Divisional Joint Registrar, Co-opeartive Societies, Nashik Division, Nashik dated 20-1-2021, that, Mrs. Sharmila Sudhir Jain, a director of the Society and co-borrower in the loan case of Sudhir Book Depot, does not fall under the definition of the term 'Defaulter' in terms of the provisions of the Section 73 Subsection C clause A sub-clause A-1[1] of the Maharashtra Co-operative Societies Act, 1960 and these provisions do not attract to the case of a co-borrower as has been concluded. A copy of the said decision has been enclosed herewith. Therefore, it is requested that, as the objection raised by concerned objectioners Shri. Suresh Pannalal Sankhala and Mrs. Sugana Pravin Jain against the candidature of Shri. Shantilal Tarachand Bothra is neither as per the rules nor justifiable, hence, it be rejected.

Considering above all points, though Shri Shantilal Tarachand B