The main legal point established in the judgment is that the Petitioner was disqualified under Section 73-CA (A1. (1) (v) of the Maharashtra Co-operative Societies Act, 1960 read with modified bye law Nos.14.26, 14.26.6 and 14.26.7 of the Respondent No.2 Society.

JUDGMENT

A.S. Gadkari, J. - By the present Petition under Article 227 of the Constitution of India, the Petitioner, Original Opponent No.3 has impugned Judgment and Order dated 17th March, 2020 passed by the learned Member, Maharashtra State Co-operative Appellate Court Mumbai, Bench at Pune in Appeal No.131 of 2019 filed by the Petitioner and Appeal No.133 of 2019 filed by the Respondent No.1, thereby dismissing the Appeal No.131 of 2019 filed by the Petitioner and allowing the Appeal No.133 of 2019 filed by the Respondent No.1.

By allowing Appeal No.133 of 2019, the Appellate Court has partly set aside the Judgment and Award dated 30th September, 2019 passed by the learned Judge of the Co-operative Court No.1 at Pune in Dispute No.59 of 2015 and replaced it by its impugned Judgment and Order dated 17th March, 2020. The Petitioner has thus impugned both the Judgments and Orders dated 17th March, 2020 passed by the Appellate Court and Judgment and Award dated 30th September, 2019 passed by the Co-operative Court No.1 at Pune in Dispute No.59 of 2015.

2. Heard Mr. Sakhare, learned Senior Advocate for the Petitioner, Mr. Sawant, learned Senior Advocate for Respondent No.1 and Mr. Patil Bankar, Chief Standing Counsel for Respondent No.3. Perused entire record produced before me. Also perused Additional Synopsis tendered across the bar by Mr. Sakhare, learned Senior Advocate; the rejoinder/submissions/reply of the Petitioner in tabular format and unsigned Notes of submissions tendered across the bar by Mr. V.P. Sawant, learned Senior Advocate for the Respondent No.1.

3. The Respondent No.2 (Org.Oppo.No.1) is a Co-operative Society and is in the business of processing/selling milk, manufactured/processed and or packaging of other dairy products. The Respondent No.1 (Org. Disputant) is the member of Respondent No.2-Society. The Petitioner (Orig. Oppo. No.3) is also a member of Respondent No.2 Society. Respondent No.3 (Org. Oppo. No.2) is the Returning Officer appointed to hold and conduct the election of the Managing Committee of Respondent No.2 Society for the period from 2015 to 2020.

The election program for the Managing Committee of Respondent No.2 Society was published by the Election Authority. As per the said program, nomination papers were to be filed between 18th May, 2015 to 22nd May, 2015; scrutiny of nomination papers was scheduled on 22nd May, 2015; withdrawal of nomination was scheduled between 26th May, 2015 to 9th June, 2015; list of contesting candidates was to be published on 10th June, 2015; voting was scheduled on 21st June, 2015 and counting of votes and declaration of results were to be conducted on 22nd June, 2015.

4. Respondent No.1 was the representative of Jananidevi Sahakari Dudh Utpadak Sanstha Maryadit, Hantoshi, Taluka Bhor and was chosen to be representative of the said Society by following necessary procedure to vote for the said election as well as to contest the said election as a candidate of the said Society. Petitioner was the representative of Jananidevi Sahakari Dudh Utpadak Sanstha Maryadit, Karandi and was also nominated as a representative of the said Society and a candidate to contest the said election. Petitioner and Respondent No.1 filed their nomination papers from Bhor Constituency on 21st May, 2015 and were only two candidates from the Bhor Constituency to contest election of Respondent No.2 Society.

The results of the said election were declared on 22nd June, 2015. Petitioner got elected in the said election by a margin of 53 votes to 6 votes and was elected to the Managing Committee of the Respondent No.2 Society.

5. Being unsuccessful in the said election, Respondent No.1 filed Dispute No.59 of 2015 under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short, 'the MCS Act') in the Co-operative Court No.1 at Pune on 15th July, 2015. It was and is the contention of the Respondent No.1 that, the Petitioner was disqualified to contest the said election and to be elected to t