1 wp-Narayan Mahalle.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2604 OF 2022

Narayan Kashiram Mahalle

Vs.

Assistant Registrar Cooperative Societies, Patur & others

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Office Notes, Office Memoranda of

Court'

s or Judge'

s Order

Coram, appearances, Court'

s Orders

or directions and Registrar'

s order

Shri Ram Karode, Advocate for petitioner.

Ms. K. H. Joshi, Govt. Pleader for respondent/State.

CORAM :- AMIT B. BORKAR, J.

DATED :- 10.05.2022

By this petition under Articles 226 and 227 of

the Constitution of India, the petitioner is challenging

order dated 27.04.2022 passed by the respondent no. 2

thereby confirming the order of rejection of the

nomination papers of the petitioner on the ground that the

petitioner does not belong to the category of borrower.

2.

The petitioner had filed his nomination papers

for contesting election of multi-purpose Society from

borrower constituency. The objection was raised before

the Returning Officer that the petitioner has not availed

loan from the said Society and therefore, the petitioner

cannot be treated as borrower within the meaning of terms

defined in the by-laws. The Returning Officer found merit

with the said objection and rejected the nomination papers

of the petitioner.

RR Jaiswal

2 wp-Narayan Mahalle.odt

3.

The petitioner has challenged the said order

by way of an appeal under Section 152 of the Maharashtra

Co-operative Societies Act, 1960. The appellate authority

has confirmed the order of rejection of the nomination

papers of the petitioner by holding that the petitioner has

not borrowed any loan.

4.

I have heard Shri Ram Karode, learned

Advocate for the petitioner and Ms. K. H. Joshi, learned

Government Pleader for respondent/State. On careful

perusal of the order passed by the appellate authority it is

observed that the appellate authority has carefully gone

into the registers produced by the Society and also the

membership register of the Society. The appellate

authority after going through the said record recorded

findings that there is no instance of any loan availed by the

petitioner.

5.

In absence of any material produced either

before the Returning Officer or before the appellate

authority to show that the petitioner had infact availed

loan from the said Society, both the authority below are

justified in rejecting the nomination papers of the

petitioner by holding that the petitioner is not a borrower

and cannot contest the election from borrower

constituency. There is no merit in the petition.

6.

Hence, the writ petition is dismissed.

(AMIT B. BORKAR, J.)

RR Jaiswal

JAISWAL

RAJNESH

RAMESH

Digitally signed

by JAISWAL

RAJNESH

RAMESH

Date:

2022.05.10

16:30:53

+0530