Case Note & Summary
The petitioner, Sunita Kharat, filed a writ petition challenging the rejection of her nomination form for the election of a director of the Jalna District Central Cooperative Bank Ltd. The election was scheduled for 30.10.2023. The petitioner submitted her nomination on 10.10.2023, proposing Sandip Gore as her candidate for a reserved category (VJNT) seat. The Returning Officer rejected the nomination on the ground that the caste certificate of Sandip Gore was not issued by the competent authority and was not valid. The petitioner appealed to the Appellate Authority, which dismissed the appeal on 16.10.2023. The petitioner then approached the High Court. The court examined the caste certificate submitted by Sandip Gore, which was issued by the Sub Divisional Officer, Mantha, on 27.09.2023. The court noted that as per the Government Resolution dated 15.06.1995, the competent authority to issue caste certificates for VJNT category is the Scrutiny Committee or the District Caste Certificate Scrutiny Committee, and the Sub Divisional Officer is not a competent authority. The court held that the Returning Officer correctly rejected the nomination as the certificate was not valid. Additionally, the court observed that the petitioner had an alternative remedy under Section 152 of the Maharashtra Cooperative Societies Act, 1960, by way of an election petition, and therefore the writ petition was not maintainable. The court dismissed the petition.
Headnote
A) Cooperative Societies - Election - Nomination Rejection - Caste Certificate Validity - Maharashtra Cooperative Societies Act, 1960, Rules 1961 - The petitioner's nomination was rejected by the Returning Officer on the ground that the caste certificate of the proposer (Sandip Gore) was not issued by the competent authority and was not valid. The court held that the Returning Officer acted within his jurisdiction in rejecting the nomination as the certificate was not from the Scrutiny Committee or a competent authority as per the Government Resolution dated 15.06.1995. (Paras 1-10)
B) Cooperative Societies - Election - Alternative Remedy - Writ Jurisdiction - Maharashtra Cooperative Societies Act, 1960, Section 152 - The court held that the petitioner had an efficacious alternative remedy by way of an election petition under Section 152 of the Act, and therefore the writ petition was not maintainable. The court dismissed the petition on this ground as well. (Paras 11-12)
Issue of Consideration
Whether the rejection of the petitioner's nomination form for the election of a director of a District Central Cooperative Bank on the ground that the caste certificate of the proposer was not valid was proper and whether the writ petition is maintainable despite the availability of an alternative remedy under the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The writ petition is dismissed. The court upheld the rejection of the nomination by the Returning Officer and the dismissal of the appeal by the Appellate Authority.
Law Points
- Election law
- Cooperative societies
- Nomination rejection
- Caste certificate
- Reserved category
- Scrutiny committee
- Returning officer
- Appellate authority
- Writ jurisdiction
- Alternative remedy
Case Details
2023 LawText (BOM) (10) 263
Writ Petition No.13993 of 2023
Mr. Mahesh Deshmukh h/f. Mr. V. D. Salunke (for Petitioner), Mr. S. K. Kadam (for Respondents No.1&4), Mr. Yogesh K. Bobade (for Respondent No.2), Mr. V. D. Hon, Senior Advocate i/b. Mr. Dhananjay A. Mane (for Respondent No.3)
Sunita w/o Kalyanrao Kharat
The Returning Officer, The Jalna District Central Co-op. Bank Ltd., Jalna; The Jalna District Central Co-op. Bank Ltd., Jalna; Sandip Bhujangrao Gore; The State Cooperative Election Authority; The Appellate Authority for the Election of District Central Coop. Bank Ltd. Jalna
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Nature of Litigation
Writ petition challenging rejection of nomination form for election of director of a District Central Cooperative Bank.
Remedy Sought
Petitioner sought to quash the order of the Returning Officer rejecting her nomination and the order of the Appellate Authority dismissing her appeal, and to direct the respondents to accept her nomination.
Filing Reason
The petitioner's nomination was rejected on the ground that the caste certificate of the proposer was not valid.
Previous Decisions
The Returning Officer rejected the nomination on 10.10.2023. The Appellate Authority dismissed the appeal on 16.10.2023.
Issues
Whether the rejection of the nomination form by the Returning Officer on the ground of invalid caste certificate was proper.
Whether the writ petition is maintainable in view of the alternative remedy available under Section 152 of the Maharashtra Cooperative Societies Act, 1960.
Submissions/Arguments
Petitioner argued that the caste certificate was issued by the Sub Divisional Officer, who is a competent authority, and the rejection was arbitrary.
Respondents argued that the certificate was not from the Scrutiny Committee as required by the Government Resolution dated 15.06.1995, and the petitioner had an alternative remedy.
Ratio Decidendi
The Returning Officer has the jurisdiction to scrutinize nomination forms and reject them if the candidate does not fulfill the eligibility criteria. The caste certificate for a reserved category candidate must be issued by the competent authority as per the Government Resolution dated 15.06.1995, i.e., the Scrutiny Committee or District Caste Certificate Scrutiny Committee. A certificate issued by the Sub Divisional Officer is not valid. Further, the availability of an alternative remedy under Section 152 of the Maharashtra Cooperative Societies Act, 1960, by way of an election petition, bars the maintainability of a writ petition.
Judgment Excerpts
The Returning Officer has jurisdiction to scrutinize the nomination forms and reject the same if the candidate does not fulfill the eligibility criteria.
The caste certificate produced by the proposer Sandip Gore is not issued by the competent authority and is not valid.
The petitioner has an efficacious alternative remedy by way of election petition under Section 152 of the Maharashtra Cooperative Societies Act, 1960.
Procedural History
The petitioner submitted her nomination on 10.10.2023. The Returning Officer rejected it on the same day. The petitioner appealed to the Appellate Authority, which dismissed the appeal on 16.10.2023. The petitioner then filed the present writ petition on an unspecified date, and the court heard and dismissed it on 06.11.2023.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 152
- Maharashtra Cooperative Societies Rules, 1961:
