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A. S. CHANDURKAR, JITENDRA JAIN
Shrikant Balasao Patil – Appellant
Versus
State Co-operative Election Authority Maharashtra State – Respondent
JUDGMENT:
Jitendra Jain, J.
1. By this Petition under Article 226 of the Constitution of India, the Petitioners have primarily challenged the appointment of Respondent No.4 – Shri. Subhash Deshmukh as Returning Officer for conducting election of Respondent No.5 – Society. The Petitioners although have prayed for other reliefs, but the same were not contested and therefore, we are only adjudicating the legality of appointment of Respondent No.4 as Returning Officer.
2. Briefly the facts are as under :-
(ii) On 1st December 2023, Respondent No.4 came to be appointed as Returning Officer to conduct election
A person empanelled as an auditor and Returning Officer, but not appointed as an auditor of the society, is not disqualified under Rule 76-B of the Maharashtra Co-operative Societies (Election to Com....
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 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....
electoral roll is conclusive as to the qualification of the elector except where a disqualification is expressly alleged or proved. .................. It would have been an improper acceptance, if th....
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
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 ....
Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
The provisions of Section 31(2) of the Andhra Pradesh Co-operative Societies Act, 1964 and Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 govern the preparation of voters lists and ....
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
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