Case Note & Summary
The dispute arose concerning the election process of the Godavari Khore Dudh Utpadak Sangh, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. The term of the managing committee was set to expire in 1999, prompting the Collector to prepare an electoral roll. However, the State Government issued an order on June 8, 1999, postponing elections due to the rainy season. Following representations, the society was exempted from this order, and the final electoral roll was published on July 2, 1999. The petitioners challenged the election schedule issued on October 21, 1999, through a writ petition under Article 226 of the Constitution, which was dismissed by the High Court. The petitioners contended that the electoral roll was not prepared in accordance with the mandatory rules, rendering the election invalid. The respondents argued that the election process had commenced, and the petitioners had an alternative remedy through an election petition under Section 144-T of the Act. The court analyzed whether the preparation of the electoral roll constituted an intermediate stage in the election process. It concluded that the preparation of the electoral roll is indeed an integral part of the election process, as outlined in the Act and Rules. The court referenced previous judgments affirming this view and held that the High Court's dismissal of the writ petition was justified due to the availability of an alternative remedy. Consequently, the appeal was dismissed, and no costs were awarded.
Headnote
A) Cooperative Societies - Electoral Roll Preparation - Intermediate Stage in Election Process - Maharashtra Cooperative Societies Act, 1960, Sections 73G, 144A, 144T - The court held that the preparation of the electoral roll is an intermediate stage in the election process for constituting the managing committee of a specified society, as per the provisions of the Act and Rules. The court emphasized that the preparation of the voters list is integral to the election process and should not be challenged through a writ petition when an alternative remedy exists (Paras 1-7).
Issue of Consideration
Whether the preparation of the electoral roll for electing members to the managing committee of a specified society is an intermediate stage in the election process.
Final Decision
The Supreme Court dismissed the appeal, agreeing with the High Court's conclusion that the preparation of the electoral roll is an intermediate stage in the election process and that the writ petition was not maintainable due to the availability of an alternative remedy.
Law Points
- Electoral roll preparation
- Article 226
- alternative remedy
- cooperative societies
- election tribunal jurisdiction
