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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUMAN SHYAM, S.M.MODAK
Brajendra Kumar Singh @ Kshatriya Brajendra Singh – Appellant
Versus
Learned Collector And District Magistrate, Mumbai City – Respondent
Judgment :
Not on board. Taken on production board.
1. The seven Petitioners herein are the members of the Respondent No.5 i.e. The Jackson Co-operative Credit Society of the employees of the Western Railway Limited, which is a Multi State Co-operative Society. The elections in the society are scheduled to be held on 22nd December, 2025. As per Rule 15(1)(c) of The Railways Services (Conduct) Rules, 1966, the Petitioners being Railways’ employees, who have held more than two elective terms in the office of the society, are required to obtain permissions from the employer for participating /contesting the elections. There is a Circular dated 27th February, 2020, which restricts the members who have held more than two terms, from contesting the elections of the society.
2. The Circular dated 27th February, 2020 provides that the government servants can hold elective office in any body in their entire career for a period of two terms or for a period of five years, whichever is earlier. The criteria laid down by the Circular dated 27th February, 2020 is in modification of similar criteria laid down in the earlier Office Memorandum dated 5th August, 2019, wherein, the embargo was for two t
Statutory remedies should be exhausted before seeking writ relief; election eligibility must adhere to defined criteria as per issued Circulars.
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
Rejection of a nomination is unlawful if no specific disqualifying provision exists, affirming the statutory right to contest elections.
The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
Sub-rules (4) and (4A) would specifically make it clear that what was being sought to be explained by explanation was with regard to right to be included in a voters list and therefore, eligibility t....
The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so....
The availability of an alternative remedy under the Rajasthan Cooperative Societies Act, 2001, and the proviso under Section 58(2)(c) of the Act.
Disqualifications for elections in cooperative societies can be established by both statute and rules, with rules supplementing existing statutory provisions.
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