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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Murlidhar Rangrao Gaikwad – Appellant
Versus
State Co-operative Election Authority – Respondent
JUDGMENT:
1. By way of the present Writ Petition preferred under Article 227 of the Constitution of India, the petitioner has assailed the legality, validity, and propriety of the order dated 17th March 2025 passed by respondent No.2 in Appeal No.12 of 2025, whereby the said authority, in exercise of its appellate jurisdiction conferred under Section 152A of the Maharashtra Cooperative Societies Act, 1960 (for short, “the MCS Act”), has been pleased to allow the appeal preferred by respondent No.5. The said appeal had been preferred by respondent No.5 assailing the rejection of his nomination for election to the Managing Committee of respondent No.3-Society, inter alia, on the ground that as on the date of scrutiny of nominations, i.e., 6th March 2025, respondent No.5 stood as a defaulter of a cooperative bank and was, therefore, disqualified to contest the said election.
2. The factual matrix giving rise to the filing of the present petition is succinctly set out hereunder:
Respondent No.1, in its capacity as the competent authority, published an election programme for conducting the election to the Managing Committee of respondent No.4-Society. As per the said programme, the last da
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....
Election processes should not be interfered with during proceedings unless exceptional circumstances arise, preserving the integrity of democratic processes.
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
Point of Law : Nomination paper of the petitioner has been wrongly rejected on the grounds that the signatures of working President of State unit of INC on Form-A does not tally with Form-B submitted....
In election disputes, the Returning Officer must allow candidates to rectify nomination defects; appellate courts must not interfere post symbol allotment without subserving electoral integrity.
Rejection of a nomination is unlawful if no specific disqualifying provision exists, affirming the statutory right to contest elections.
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