Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Nitin Jamdar, Sharmila U.Deshmukh, JJ.
Raosahebdada Pawar Ghodganga – Appellant
Versus
State of Maharashtra – Respondent
Writ Petition (St.) No. 22824, 22826, 9499, 9503 of 2022, Interim Application (St.) No. 23495, 23498 of 2022
Decided On : 17-10-2022
Election - Co-operative Society - Maharashtra Co-operative Societies Act, 1960, Rules of 2014 - Rule 18, 26, 27, 28, 31 - The court quashed the order of countermand by the State Election Authority and directed the election process to proceed from the stage it was deferred in view of the order dtd. 15/7/2022 passed by the State Government.
Fact of the Case:
The case concerned the election to a Co-operative Society, Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd., where the State Election Authority countermanded the election due to the death of a candidate. The Petitioners challenged this order.
Finding of the Court:
The court found that the order of countermanding the election was without jurisdiction as the deceased candidate was not a contesting candidate whose name had appeared in the list of contesting candidates. The court quashed the order of countermand and directed the election process to proceed from the stage it was deferred by the State Government's order.
Issues: The main issue was whether the State Election Authority had the jurisdiction to countermand the election due to the death of a candidate.
Ratio Decidendi: The court held that the statutory scheme under the Act and Rules was clear and unambiguous, and the directions issued by the State Election Authority could not override the specific provisions of the Act and Rules. The court also emphasized that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist.
Final Decision: The court quashed the order of countermand by the State Election Authority and directed the election process to proceed from the stage it was deferred in view of the order dtd. 15/7/2022 passed by the State Government.
JUDGMENT
Nitin Jamdar, J. - This group of Writ Petitions concern the election to a Co-operative Society. The Co-operative Society in question is Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd., the Karkhana.
2. Rule. Rule is made returnable forthwith. The Respondents waive service. Taken up for disposal. The Petitions have been argued together and are disposed of by this common judgment.
3. In Writ Petition (St.) No. 22824 of 2022 and Writ Petition (St.) No. 22826 of 2022, the challenge is to the action of the Respondent No.3 - Maharashtra State Co-operative Societies Election Authority (the State Election Authority) countermanding the election to the managing body of the Karkhana in view of the death of one of the candidate. An Intervention Application is filed by one candidate to support the decision to countermand the election.
4. In Writ Petition No. 9503 of 2022 and Writ Petition No. 9499 of 2022 the challenge is to the decision dtd. 15/7/2022 taken by the State Government to defer the elections to the Co-operative Societies in the State of Maharashtra till 30/9/2022. The controversy involved in these Petitions is worked out. In a group of Petitions, Writ Petition Nos. 8845 of 2022 and Ors., challenged this decision of the State. On 19/9/2022, a statement was made on behalf of the State Government that the election to the Co-operative Societies in the State would commence on 30/9/2022. Recording this statement, the group of Petitions was deferred to 3/10/2022 only for compliance. On 3/10/2022, as the learned Counsel for the appearing parties pointed out that the challenge to the decision/notification dtd. 15/7/2022 no longer survives, and the elections would commence from the stage they were postponed. This group of petitions were disposed of on 3/10/2022 as the challenge was rendered infructuous. Writ Petition No. 9503 of 2022 and Writ Petition No. 9499 of 2022 also could have disposed of on that day, however, the elections to the Karkhana could not commence in view of the order passed by the State Election Authority of countermanding the election, which is the subject matter of Writ Petition (St.) Nos. 22824 of 2022 and 22826 of 2022. Therefore Writ Petition No. 9499 of 2022 and Writ Petition No. 9503 of 2022 were adjourned to be heard with the petitions challenging the order of countermand.
5. Turning now to the facts and challenge in Writ Petition (St.) Nos. 22824 of 2022 and 22826 of 2022. In addition to the pleadings, the Petitioners have circulated a note elaborating factual details, upon which there is no dispute.
6. Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd. is a Co-operative Sugar Factory. It was registered on 16/5/1990. Its area of operation is Shirur Taluka in Pune District. Writ Petition (St.) No. 22824 of 2022 is filed by the Karkhana. The Petitioners in Writ Petition (St.) No. 22826 of 2022 are the members of the Karkhana who are contesting the elections of the Managing Board and their nominations are held to be valid. The Regional Joint Director (Sugar), Pune, on 11/11/2014, approved the Bye-Laws which govern the Karkhana. As per By-Law 26, the Board of Directors/Managing Committee of the Karkhana is to be elected from the Individual Producer Members and Society Producer Members. The term of five years of the Board of Directors of the Karkhana ended on 21/5/2020. Due to the Covid 19 Pandemic, these elections were postponed, and the earlier Board of Directors is functioning till the new Board of Directors is elected.
7. Elections to the Board of Directors of the Karkhana were notified on 24/6/2022 by Respondent Nos. 3 to 5 in terms of the Maharashtra Co-operative Societies (Election to Committee) Rules 2014 (the Rules of 2014). Total twenty one directors are to be elected from six constituencies. These are as follows:
"(a) Constituency No.1: 6 Gats and each Gat to elect a minim
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
Maharashtra State Co-operative Election Authority - Cut-off date for election - Election Authority rejecting to extend cut off date without recording sufficient reasons has not been exercised judicio....
The court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
