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ARUN R. PEDNEKER
Namdev – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Arun R. Pedneker, J. - Rule. Rule made returnable forthwith. By consent, heard finally.
2. By the present writ petition, the petitioners are challenging the order passed by respondent No. 3 - District Cooperative Election Officer i.e. District Deputy Registrar, Cooperative Societies, Osmanabad dated 6.12.2022 by which the names of 76 persons / members / petitioners are excluded from the final voters list published on 9.12.2022. The petitioners are restricting their challenge to the 70 petitioners only. The petitioners also submit that they do not wish to contest the elections of respondent No. 5 Society, but would only pray to include their names in the final voters list so as to enable them to caste their vote.
3. Brief facts giving rise to the present writ petition can be summarised as under :-
Respondent No. 5 - Vivid Karyakari Seva Sahakari Socieity, Jaywantnagar, Tq. Bhoom, District Osmanabad was established on 27.7.1954. The petitioners are members of respondent No. 5 Society and some of them were also previous office bearers. As there was no election conducted for the year
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....
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....
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
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 application of Section 73CA(1)(f)(ii) of the Maharashtra Cooperative Societies Act, 1960, which prescribes the disqualification of a person who....
The judgment emphasized the importance of following the statutory process for membership deletion under the Maharashtra Co-operative Societies Act, 1960, and highlighted the need for a properly insti....
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 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 court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
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