Case Note & Summary
The petitioner, Mr. Anil Bhanudas Chaudhari, a fair price shop license holder, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 14.03.2022 passed by Respondent No.2, the Returning Officer of Aadivasi Vividh Karyakari Co-operative Society, Chandankheda, rejecting his nomination form for the election of the society. The petitioner sought a declaration that the impugned order is per se illegal, arbitrary, and not in accordance with law, and prayed for its quashing and setting aside. The respondents included the State of Maharashtra, the Returning Officer, the Tahsil Co-operative Election Officer, the society itself, and one Shri Suresh Mahadeo Shrirame. The court, presided over by Justice V.G. Bisht, heard the counsel for the petitioner, Mr. S.P. Bhandarkar, and the Assistant Government Pleader for respondent Nos.1 and 2, Mr. A.M. Kadukar. The court found that the impugned order was passed without providing any opportunity of hearing to the petitioner and without assigning any reasons, which violated principles of natural justice and statutory requirements. Consequently, the court allowed the petition, quashed the impugned order, and directed the Returning Officer to accept the petitioner's nomination form and proceed with the election in accordance with law. The court also directed that the election process be completed within a period of four weeks from the date of the order.
Headnote
A) Co-operative Law - Election - Rejection of Nomination - Maharashtra Co-operative Societies Act, 1960 - The Returning Officer rejected the petitioner's nomination without providing any opportunity of hearing or giving reasons. The court held that such rejection is per se illegal and arbitrary, and set aside the order, directing the Returning Officer to accept the nomination and proceed with the election. (Paras 1-9)
Issue of Consideration
Whether the impugned order dated 14.03.2022 rejecting the petitioner's nomination form for the election of Aadivasi Vividh Karyakari Co-operative Society, Chandankheda is illegal, arbitrary and liable to be quashed and set aside.
Final Decision
The court allowed the writ petition, quashed and set aside the impugned order dated 14.03.2022, and directed the Returning Officer to accept the nomination form of the petitioner and proceed with the election in accordance with law. The election process was directed to be completed within four weeks from the date of the order.
Law Points
- Natural justice
- Right to contest election
- Rejection of nomination
- Co-operative societies
- Writ jurisdiction under Article 226 and 227
