Case Note & Summary
The dispute arose from an election process within the Aurangabad Zilla Sahakari Doodh Utpadak Sangh Ltd., where the appellant contested the decision of the Collector not to recognize him as the delegate for the Maharashtra Rajya Sahakari Doodh Maha Sangh. The Sangh had initially decided to send respondent No. 7 as its delegate but later convened a meeting on June 9, 2005, where it passed Resolution No. 7 to change the delegate to the appellant. The Collector, however, refused to implement this change, leading the appellant to file a writ petition that was dismissed by the High Court. The appellant argued that the Sangh had the right to change its representative under the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971, and that the High Court's reliance on a previous judgment was misplaced. The respondents contended that the election process had already commenced and that the appellant had suppressed material facts. The Supreme Court found that the Sangh acted within its rights to change its delegate and that the Collector's refusal was contrary to the law. The Court emphasized that the election process should not impede the statutory rights of the Sangh. Ultimately, the Court allowed the appeal, quashing the Collector's order and directing the change of delegate as per the Sangh's resolution.
Headnote
A) Co-operative Societies - Delegate Representation - Right to Change Delegate - Maharashtra Co-operative Societies Act, 1960, Section 5(2) - The Sangh exercised its right to change its delegate within the stipulated period as per the Rules, and the Collector's refusal to effect the change was unlawful. The High Court erred in not allowing the petition and granting relief to the appellant (Paras 7-8).
Issue of Consideration
Whether the appellant was entitled to be recognized as the delegate of the Sangh for the election of the Maha Sangh.
Final Decision
The Supreme Court allowed the appeal, quashed the order of the Collector dated June 28, 2005, and directed the Collector to effect the change as per Resolution No. 7 dated June 9, 2005, treating the appellant as the representative of the Sangh instead of respondent No. 7.
Law Points
- Co-operative Societies
- Election Process
- Delegate Representation
- Writ Jurisdiction
- Majority Votes
