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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1619 OF 2022

Shri Soma s/o Tikaram Dhakate,

Aged 57 years, Occupation – Agriculturist,

R/o Palandur, Tahsil – Lakhani,

District – Bhandara.

….

PETITIONER

VERSUS

1) The Assistant Registrar, Co-operative

Societies-cum-Appellate Authority

U/s. 152A of Maharashtra Co-operative

Societies Act, 1960, Lakhani, Tahsil -

Lakhani, District – Bhandara.

2) The Returning Officer for conducting

elections of Vividh Karyakari Seva

Sahakari Sanstha Maryadit, Palandur,

Tahsil – Lakhni, District – Bhandara.

3) The Vividh Karyakari Seva Sahakari

Sanstha Maryadit, Palandur,

Registration No.500, through its

Secretary, Palandur, Tahsil – Lakhani,

District – Bhandara.

….

RESPONDENTS

______________________________________________________________

Mr. A.M. Ghare, Counsel for the petitioner,

Mr. M.A. Barabde, AGP for respondent 1,

Mr. P.V. Ghare, Counsel for respondent 3.

______________________________________________________________

CORAM :

ROHIT B. DEO, J.

DATED : 25

^th MARCH,

20

22

ORAL JUDGMENT :

Heard. Rule. Rule made returnable forthwith. With consent, the

petition is heard finally.

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2.

The challenge in the petition is to the rejection of the nomination

form on the premise that either the proposer or the seconder is not

from the same constituency as the aspiring candidate as is the mandate,

inter alia of the proviso to sub-rule (3) of Rule 20 of the Maharashtra

Co-operative Societies (Election to Committee) Rules, 2014 (Rules).

The provision which is involved by the Returning Officer to reject the

nomination forms of the petitioners reads thus :

“20.

Nomination of candidates

(1)

Any member whose name appears in the final list of

voters may be nominated as the candidate for the election to

fill a seat, if he is qualified to be chosen under the provision of

the Act, rules and the bye-laws of concerned society:

Provided that, where the seats are reserved on the

committee of any society as provided under section 73B and

73C of the Act, any individual member of the society, or any

member of the committee of a member society, whether

elected, co-opted or nominated shall be eligible for being

nominated as candidate.

Provided further that, in case of associate members of

co-operative housing society and co-operative premises

society, the member whose name stands first in the share

certificate shall be eligible to be nominated as candidate for

the election. In absence of such person whose name stands

second as associate member and in the absence of both, the

person whose name stands next and likewise in the absence of

the preceding persons the person whose name is next on the

share certificate, who is not a minor shall be eligible to be

nominated as candidate for the election.

(2)

Every nomination paper presented under rule 21 shall

be completed in Form “E-5’:

Provided that, a failure to complete or defect in completing

the declaration as to symbols in a nomination paper, shall not

be deemed to be a defect of a substantial character within the

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meaning of these rules.

(3)

Any person whose name is entered in the final list of

voters may be a proposer or seconder for nominating a

candidate for election:

Provided that, in the case of election from constituency of

societies, the proposer and the seconder shall be from the

same constituency except reservation falling under section

73B and 73C.

Provided further that, in the case of election from a

constituency of societies where only up to 5 eligible members

are available in the final list of voters, any person whose name

is entered in the final list of voters of any other constituencies

may be the proposer or seconder:

(4)

A nomination paper shall be supplied by the Returning

Officer to any voter