Back
IN THE HIGH COURT OF BOMBAY
Sandeep V.Marne, J.
Sandesh Baccharam Bhapkar - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No. 14371 of 2022
Decided On : 27-09-2023
ALTERNATE REMEDY - DISQUALIFICATION OF COOPERATIVE SOCIETY MEMBERS - Maharashtra Co-Operative Societies Act, 1960, Sec. 154; Maharashtra Co-Operative Societies (Election to Committee) Rules, 2014, Rules 65-67 - The court discussed the provisions of the Maharashtra Co-Operative Societies Act, 1960, particularly Section 154, which allows for a revision against decisions made by the Registrar, and the Election Rules, specifically Rules 65-67, which outline the requirements for lodging accounts of election expenses and the consequences of failing to do so. The court interpreted these provisions to conclude that the Deputy Registrar acted beyond his jurisdiction in disqualifying the petitioners without properly considering their justifications for the delay in filing election expense accounts. This misapplication of the law influenced the court's decision to remand the proceedings for proper examination rather than dismissing the petition outright.
Fact of the Case:
The petitioners, elected members of a cooperative society's managing committee, were disqualified by the District Cooperative Election Officer for failing to lodge accounts of election expenses within the stipulated 60 days. They contested the disqualification, arguing that the order was made without jurisdiction and that they had valid justifications for the delay.
Finding of the Court:
The court found that the Deputy Registrar, who issued the disqualification order, did not have the authority to do so without first examining the petitioners' justifications for the delay. The court noted that the Deputy Registrar's decision was based on a misunderstanding of the provisions allowing for the acceptance of late submissions if justified.
Issues: 1. Whether the petitioners had an alternate remedy under Section 154 of the Maharashtra Co-Operative Societies Act, 1960. 2. Whether the Deputy Registrar had the jurisdiction to disqualify the petitioners without considering their justifications for the delay in filing election expense accounts.
Ratio Decidendi: The court held that while there is an alternate remedy available under Section 154, the Deputy Registrar failed to exercise his jurisdiction properly by not considering the petitioners' justifications for the delay. The court emphasized that the decision to disqualify must be made by the Registrar after proper examination of the reasons provided.
Final Decision: The court partly allowed the writ petition, set aside the disqualification order, and remanded the proceedings to the Deputy Registrar for a fresh decision on the merits of the justifications provided by the petitioners.
JUDGMENT/ORDER
1. Existence of alternate remedy of filing Revision under Sec. 154 of the Maharashtra Co-Operative Societies Act, 1960 against an Order passed by the Registrar disqualifying member(s) of committee of a cooperative society under Rule 66 of the Maharashtra Co-Operative Societies (Election to Committee) Rules, 2014, is the issue that I have been tasked upon to answer in this Petition. If indeed such remedy exists, whether this Petition can be entertained in the peculiar facts and circumstances of the case, is also connected issue that arises for determination.
2. Rule. With the consent of the learned counsel for the parties, rule is made returnable forthwith and called out for hearing.
3. The issues arises in the context of challenge set up by Petitioners to the Order dtd. 15/11/2022 passed by the District Cooperative Election Officer-cum-District Deputy Registrar of Cooperative Societies, Pune (Rural), Pune, disqualifying Petitioners under the provisions of Rule 66 of The Maharashtra Co-Operative Societies (Election to Committee) Rules, 2014 (Election Rules).
4. Shorn of unnecessary details, facts of the case are that Swayambhunagar Vividh Karyakari Seva Sahakari Sanstha Maryadit (Society) is a cooperative society registered under the provisions of The Maharashtra Co-Operative Societies Act, 1960 (Act of 1960). The process of conducting elections to the Managing Committee of the society was initiated in February 2022. Petitioners and Respondent Nos. 7 to 19 contested the elections. Election results were declared on 05/04/2022, in which Petitioners were elected as the members of the Managing Committee, while Respondent Nos. 7 to 19 were defeated. The Assistant Registrar of Cooperative Societies, Baramati, passed order on 11/04/2022 constituting the Managing Committee of the Society in pursuance of the elections so held. Petitioners claim that they filed accounts of election expenses with the Returning Officer on 14/06/2022. A complaint was filed on 13/07/2022 by Respondent No.6 with the District Cooperative Election Officer, Pune, alleging that the Petitioners failed to file accounts of election expenses within a period of 60 days as provided under Rule 66 and 67 of the Election Rules. Upon receipt of complaint from Respondent No.6, the District Cooperative Election Officer sent a communication dtd. 27/07/2022 to the Taluka Cooperative Election Officer soliciting his report. The Taluka Cooperative Election Officer-cum-Assistant Registrar of Cooperative Societies, Baramati, submitted report dtd. 08/10/2022 opining that the Petitioners filed accounts of election expenses beyond the stipulated period of 60 days from the date of declaration of results of elections. The District Cooperative Election Officer issued notice dtd. 25/08/2022 to Petitioners calling for their explanation. Petitioners filed a reply in pursuance to a show cause notice. The District Cooperative Election Officer thereafter proceeded to pass order dtd. 15/11/2022 disqualifying the Petitioners as members of the Managing Committee for a period of 3 years under the provisions of Rule 66 of the Election Rules. The Petitioners have filed the present Petition challenging the order dtd. 15/11/2022.
5. Mr. Kanetkar, the learned Counsel appearing for Petitioners would submit that the order passed by the District Cooperative Election Officer is without jurisdiction as only Registrar is empowered to take a decision under Rule 66 for disqualification of elected member. He would further submit that Respondent No.6 did not have any locus to file a complaint to seek disqualification of elected member. That, Respondent No.6 did not contest the elections and only candidate contesting the elections can file a complaint seeking disqualification of elected member. Under Rule 66, any other person could challenge election only by filing an election petition under Sec. 91 of the Act of 1960.
6. Mr. Kanetkar would further submit that the District Cooperative Election Offic
The Deputy Registrar must consider justifications for delays in lodging election expense accounts before issuing disqualification orders, and the authority to disqualify ultimately lies with the Regi....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
Election disputes cannot be entertained prior to election completion as per relevant statutory provisions, invalidating earlier proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
