Case Note & Summary
The petitioner, Hiralal Bangadkar, filed four writ petitions challenging the election programme for the Board of Directors of the Bhandara Urban Cooperative Bank Ltd. The elections were scheduled to be held on 19th September 2021. The petitioner contended that the election programme was illegal and contrary to the bye-laws of the society, specifically arguing that respondent No.4 (Jayant Vairagade) was ineligible to contest as he was a legal practitioner and that the election schedule violated the provisions of the Maharashtra Co-operative Societies Act, 1960. The respondents, including the State of Maharashtra, the Divisional Joint Registrar, the Bank, and the individual candidates, opposed the petitions, stating that the election process had already commenced and that the petitioner had an alternative remedy under Section 152 of the Act. The court analyzed the bye-laws and found that Bye-law 26(1) did not prohibit a legal practitioner from being a director. The court also noted that the election notification had been issued and that interference at this stage would disrupt the election process. Relying on the principle that election matters should not be lightly interfered with, the court dismissed all four writ petitions, holding that the election programme was valid and that the petitioner could raise any disputes before the Co-operative Court under Section 152 of the Act.
Headnote
A) Co-operative Law - Election Programme - Validity - Section 73CB of Maharashtra Co-operative Societies Act, 1960 - Challenge to election notification after issuance - Court held that once election programme is notified, it cannot be interfered with lightly, and the petition challenging the same is not maintainable as it would disrupt the election process (Paras 10-12). B) Co-operative Law - Bye-law Interpretation - Eligibility of Director - Bye-law 26(1) of Bhandara Urban Cooperative Bank - Whether a legal practitioner can be a director - Court held that the bye-law does not prohibit a legal practitioner from being a director, and the candidature of respondent No.4 (Jayant Vairagade) is valid (Paras 13-15). C) Co-operative Law - Election Dispute - Alternative Remedy - Section 152 of Maharashtra Co-operative Societies Act, 1960 - Court held that disputes regarding elections should be raised before the Co-operative Court under Section 152, and writ jurisdiction under Article 226 should not be exercised when alternative remedy exists (Para 16).
Issue of Consideration
Whether the election programme for the Board of Directors of the Bhandara Urban Cooperative Bank Ltd. is valid and in accordance with the Maharashtra Co-operative Societies Act, 1960 and the bye-laws of the society.
Final Decision
All four writ petitions are dismissed. The election programme for the Board of Directors of the Bhandara Urban Cooperative Bank Ltd. is upheld as valid.
Law Points
- Election programme under Section 73CB of Maharashtra Co-operative Societies Act
- 1960
- cannot be challenged after issuance of notification
- Bye-law 26(1) interpretation
- Candidature of legal practitioner as director
- Maintainability of writ petition against election process
