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AVINASH G. GHAROTE
Gajanan Deorao Matthawar – Appellant
Versus
Returning / Election Officer – Respondent
Headnote: Read headnote
JUDGMENT/ORDER
1. Not on board. Taken on board.
2. Heard Mr. Khapre, learned Senior Counsel for the petitioner.
3. At the outset, Mr. Khapre, learned Senior Counsel for the petitioner seeks leave of the Court to delete the name of the respondent No.1, who is the Returning Officer, as there are no personal allegations against the respondent No. 1 in the petition.
4. Leave is granted. The deletion be made forthwith.
5. The Petition challenges the order below Exh.5, passed by the Cooperative Court, Amravati, rejecting the application filed by the petitioner for passing necessary interim order. Though the remedy of appeal is available, considering the time frame and the fact that the Presiding Officer of the Co-operative Appellate Court at Nagpur has demitted office on 31/3/2023 and the charge has been given to the Cooperative Appellate Court at Pune and according to the procedure, the appeal has to be filed at Nagpur and taken to Pune before the Co-operative Appellate Court and in view of the fact that impugned order has been passed on 1/4/2023 by the Judge
The court established that disqualifications under the Maharashtra Co-operative Societies Act must be adhered to strictly, and that due process, including the principles of natural justice, must be o....
A person becomes a 'defaulter' by merely having an order against himself, which is referred to in S.63, and whose liability he has not discharged.
Compliance with court orders and directives from competent authorities is essential for the resolution of disputes.
The impugned order declaring disqualification after the publication of the final list of candidates cannot affect the rights of the declared candidates, as the order shall operate prospectively.
The acceptance of a nomination paper must adhere to statutory provisions, and disqualification under the Maharashtra Cooperative Societies Act is self-operative, allowing for judicial intervention in....
Membership in a co-operative society cannot be terminated without following the statutory procedure, and arbitrary exclusion from the voters list violates principles of natural justice.
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