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 nomination deadline. The Returning Officer's inquiry during the nomination scrutiny process is limited, and nominations should be accepted based on prima facie evidence of eligibility.

JUDGMENT :

1. Rule. Rule returnable forthwith. With consent of the parties, the petition is heard finally.

2. By the present petition, the petitioner is challenging the order dated 26.06.2023 passed by the respondent no.1 - Returning Officer, rejecting the nomination form of the petitioner to contest the election of respondent no.2 – Bank, so also, the order dated 30.10.2023 passed by respondent no.5 - appellate authority dismissing the appeal filed by the petitioner against the order passed by the Returning Officer.

3. The brief facts leading to filing of this petition can be summarized as under:

A. The petitioner is a member of Libe Wadgaon VKSS Society and the said society is a member of Jalna District Central Cooperative Bank, Jalna (in short “JDCC Bank”). The said Libe Wadgaon VKSS Society being member of the JDCC Bank forwarded the name of the petitioner to include her name in the voters list of JDCC Bank as a representative of the said society. Accordingly, the name of the petitioner appeared in the voters list at serial no.7 in the cooperative societies constituency. The election of the JDCC Bank was due and the respondent no.1 was appointed as election Officer to delcare the election programme to elect 17 members of the managing committee of JDCC Bank. As per the election programme 8 seats are to be elected from the societies constituency, 2 seats are reserved for women, 1 seat each is from SC, ST, OBC, VJNT, Other agriculturist societies, Krushi Panan Society and Nagri Bank respectively.

B. As per the amended election programme, the nomination forms were accepted from 19.06.2023 to 23.06.2023 and the scrutiny was scheduled on 26.06.2023, the date of withdrawal of nomination for is from 23.10.2023 to 06.11.2023, publication of final list of nominated candidates and allotment of symbols is on 07.11.2023 and voting is on 18.11.2023.

C. The petitioner filed her 2 separate nominations for the societies constituency along with all the documents. The petitioner particularly had given an affidavit Appendix-A that in terms of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014, Rule 21(3), that she is not disqualified under any of the rules to contest the election. On 26.06.2023, Respondent No.3 raised objection to the nomination of the petitioner stating that the petitioner is a defaulter of Mantha Urban Cooperative Bank Ltd., Mantha. The petitioner appeared before the Returning Officer and filed her say to the objection and submitted a letter dated 23.06.2023 issued by the recovery officer of the Mantha Urban Cooperative Bank Ltd., Mantha, as under:-

D. In view of the objection raised and the documents filed by the objector, it was pointed out to the Returning Officer by the petitioner that she has already deposited the due amount on 23.06.2023 and, therefore, she is not a defaulter as on 23.06.2023, the date of filing of her nomination. The Returning Officer after considering the objection and the response of the petitioner rejected both the nominations of the petitioner and, therefore, the petitioner filed 2 separate appeals. It was contended before the appellate authority that she has deposited the entire amounts on the date of filing of her nomination, as such, she is qualified to contest the election. The petitioner further produced document at page 54 of the petition – a letter of the Bank dated 18.10.2023, indicating that on 23.06.2023 all the outstanding amount stands deposited. However, the appellate authority rejected the contention of the petitioner and dismissed the appeal filed by the petitioner. The petitioner has filed the present writ petition challenging the orders passed by the Returning Officer and the appellate authority.

4. Mr. Mahesh Deshmukh holding for Mr. V. D. Salunke, learned counsel for the petitioner submits that the petitioner having paid the entire outstanding due amount as on 23.06.2023, is qualified to contest the election.

5. Per contra, Mr. V. D. Hon, Senior Advocate instruc