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R. D. DHANUKA, M. G. SEWLIKAR
Rahul Sambhaji Gaware – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
R.D.DHANUKA, J. - By this petition filed under Article 226 of the Constitution of India, the petitioner prays for writ of certiorari for quashing and setting aside the order 8/6/2022 passed by the respondent no.2 finalizing the list of voters of the respondent no.3 society. The petitioners have also prayed for writ of mandamus against the respondent nos. 4, 5 and 6 to examine the provisional list of voters prepared by the respondent no.3 for ensuing elections to its managing committee in terms of the request/terms issued by the respondent no.2 on 31/5/2022. Some of the relevant facts for the purpose of deciding this writ petition are as under :-
2. The petitioners claim to be the members of the respondent no.3 society. The term of the office of the Board of Directors of the respondent no.3 expired in the year 2020. The election for the Board of Directors however was postponed from time to time on account of global COVID-19 pandemic.
3. It is the case of the petitioners that in the provisional list of voters prepared by the respondent no.3, names of large number of dead members have not been deleted. On 29/4/2022, the petitioners applied to the respondent no.3 requesting the
The prescribed procedure under the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014, including provisions for challenging voter identity and preventing impersonation, must be fol....
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
The main legal point established in the judgment is the prima facie evidence of the membership register and the limitations on the jurisdiction of deciding the claims and objections to the voters lis....
The central legal point established in the judgment is that the absence from the I and J register alone cannot justify the exclusion of voters from the final voters list. The court emphasized the sig....
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
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 Election Officer's authority under the Maharashtra Cooperative Societies (Election to Committee) Rules is limited to correcting errors in the provisional voters list, and does not extend to adjud....
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.
The main legal point established in the judgment is the application of Section 73CA(1)(f)(ii) of the Maharashtra Cooperative Societies Act, 1960, which prescribes the disqualification of a person who....
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