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SANDEEP K. SHINDE
Ramesh Edathadan – Appellant
Versus
State of Goa – Respondent
JUDGMENT
1. Heard Mr. V. A. Lawande and Mr. P. Redkar for the Petitioners, Mr. Manish Salkar, Government Advocate for the Respondent-State and Mr. Shivan Desai and Mr. A. D. Bhobe, for the intervenors.
2. In this Petition, the challenge is to the order, rejecting Petitioners' nomination for election to Board of Directors of the Goa State Co-operative Milk Producers Union Limited (Union, for short).
3. The briefly stated facts of the case are that the Petitioner no.1 is the Chairman and Member of Petitioner no.2-St. Andre Milk Producers Co-operative Society Limited. The Petitioner no.1 filed his nomination with the Respondent no.2 (Returning Officer) with all the required documents including the resolution of the Petitioner no.2, authorizing him to represent with a declaration that no other member is representing the Society of the Board.
4. The Returning Officer in the course of scrutiny of the nominations in terms of Rule 69(5) of the Goa Co-operative Societies Rules 2003, sought from the Petitioner no.1 his say as regards his eligibility in terms of Bye-law no. 20.1.6, to contest the elections, inasmuch as the Returning officer was of the view that the Petitioner was not satisfyin
The court emphasized the importance of adhering to the provisions of the Goa Co-operative Societies Rules 2003 and Bye-law 20.1.6 in determining the eligibility of representative members to contest e....
The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so....
Election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate and has to be allowed to operate in their own way so as t....
The court emphasized the power of the Returning Officer and the appellate authority to rectify defects in the nomination papers, and highlighted that the issue of whether such powers should have been....
The main legal principle established in the judgment is that eligibility to contest an election must be determined based on the candidate's status at the time of filing the nomination or before the n....
Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
The main legal point established is that challenges to the election process for Co-operative Banks should be addressed through the procedure prescribed by the Maharashtra Co-operative Societies Act, ....
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