Case Note & Summary
The petitioners, 20 individuals who are members of Vivid Karyakari Seva Sahakari Sanstha, Betmogra, challenged an order dated 10.03.2023 passed by the Taluka Returning Officer and Assistant Registrar, Co-operative Society, Mukhed (respondent no.2) deleting their names from the provisional voters list for the election of the society. The deletion was on the ground that the petitioners were defaulters under Sections 73(CA)(1), 75(2) and 27(10) of the Maharashtra Co-operative Societies Act, 1960. The petitioners contended that the impugned order was passed without giving them any opportunity of hearing, violating principles of natural justice. The court observed that the order was passed ex-parte and no notice or hearing was afforded to the petitioners before deletion. The court held that the order cannot be sustained as it violates natural justice. The court set aside the impugned order and directed the respondents to hear the petitioners before taking any further action in the matter. The writ petition was allowed with no order as to costs.
Headnote
A) Co-operative Law - Election - Voters List - Deletion of Names - Natural Justice - The Taluka Returning Officer deleted the names of the petitioners from the provisional voters list for being defaulters under Sections 73(CA)(1), 75(2) and 27(10) of the Maharashtra Co-operative Societies Act, 1960 without giving any opportunity of hearing to the petitioners. The court held that the order deleting the names is in violation of principles of natural justice and set aside the same, directing the respondents to hear the petitioners before taking any further action. (Paras 1-6)
Issue of Consideration
Whether the deletion of the petitioners' names from the provisional voters list by the Taluka Returning Officer without giving them an opportunity of hearing is sustainable in law.
Final Decision
The impugned order dated 10.03.2023 passed by respondent no.2 is set aside. The respondents are directed to hear the petitioners before taking any further action in the matter. Rule made absolute. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- deletion from voters list
- defaulters
- co-operative societies election
