Case Note & Summary
The petitioner, Irfan Gafur Khot, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the election of respondent No. 1, Ramesh Mahadev Bandal, as a member of the managing committee of the Varavade Vividh Karyakari Sahakari Seva Society Ltd., a cooperative society. The petitioner alleged that respondent No. 1 was disqualified from contesting the election under Section 73FFB of the Maharashtra Cooperative Societies Act, 1960, on the ground that he was a defaulter in repayment of a loan taken from the society. The petitioner sought a declaration that the election of respondent No. 1 was void and for directions to the election officer to disqualify him. The respondents opposed the petition, contending that the petitioner had an alternative remedy of filing an election petition under the Act and that the petitioner had not produced any evidence to show that respondent No. 1 was a defaulter. The Court, after hearing the parties, held that the petitioner failed to produce any material to establish that respondent No. 1 was a defaulter within the meaning of Section 73FFB. The Court also noted that the petitioner had an alternative remedy of filing an election petition under the Act, which was an efficacious remedy. Accordingly, the Court dismissed the writ petition, holding that no case was made out for interference under Article 226 of the Constitution.
Headnote
A) Cooperative Societies - Election Dispute - Disqualification of Candidate - Section 73FFB Maharashtra Cooperative Societies Act, 1960 - The petitioner challenged the election of respondent No. 1 as a member of the managing committee alleging that respondent No. 1 was a defaulter in repayment of loan and thus disqualified. The Court held that the petitioner failed to produce any material to show that respondent No. 1 was a defaulter within the meaning of Section 73FFB. The Court also noted that the petitioner had an alternative remedy of filing an election petition under the Act. (Paras 1-5) B) Cooperative Societies - Writ Jurisdiction - Alternative Remedy - Section 73FFB Maharashtra Cooperative Societies Act, 1960 - The Court held that in election matters, the High Court should not entertain a writ petition when an alternative remedy of election petition is available. The Court dismissed the petition on the ground that the petitioner failed to make out a case for interference under Article 226 of the Constitution. (Paras 4-5)
Issue of Consideration
Whether the respondent No. 1 was disqualified from contesting the election of the managing committee of the cooperative society on the ground that he was a defaulter in repayment of loan under Section 73FFB of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The Bombay High Court dismissed the writ petition, holding that the petitioner failed to produce any material to establish that respondent No. 1 was a defaulter within the meaning of Section 73FFB of the Maharashtra Cooperative Societies Act, 1960, and that the petitioner had an alternative remedy of filing an election petition under the Act.
Law Points
- Election dispute
- Cooperative society
- Disqualification of candidate
- Section 73FFB Maharashtra Cooperative Societies Act
- 1960
- Default in loan repayment
- Writ jurisdiction
- Alternative remedy
- Election petition
