Case Note & Summary
The petitioner, Shivaji Bapurao Raut, a member of the Vividh Karyakari Seva Sahakari Sanstha Marya., Ardhamasala, challenged the rejection of his objections to the acceptance of nominations of respondent no.3 in three separate writ petitions (Writ Petition Nos. 10458, 10460, and 10461 of 2022). The election for the Managing Committee of the society was declared on 27.09.2022. The petitioner and respondent no.3 were both members of the society. The petitioner filed objections against the nomination of respondent no.3, but the Returning Officer rejected those objections without considering their merits, stating that the petitioner was not a candidate. The petitioner sought to quash the rejection and direct the Returning Officer to decide the objections on merits. The court, after hearing the parties, held that the Returning Officer's action was arbitrary and unsustainable. The court set aside the rejection and directed the Returning Officer to decide the objections on merits within two weeks. The court also clarified that the election process could continue but the result would be subject to the outcome of the objections.
Headnote
A) Cooperative Societies - Election - Nomination Objections - Returning Officer's Duty - The Returning Officer must decide objections to nomination on merits and cannot reject them solely on the ground that the objector is not a candidate. The court held that the Returning Officer's action in rejecting the objection without considering its merits was arbitrary and unsustainable. (Paras 2-4)
Issue of Consideration
Whether the Returning Officer is justified in rejecting the petitioner's objection to the acceptance of nomination of respondent no.3 without considering the merits of the objection.
Final Decision
The court allowed the writ petitions, set aside the rejection of objections, and directed the Returning Officer to decide the objections on merits within two weeks. The election process may continue but the result will be subject to the outcome of the objections.
Law Points
- Election law
- Cooperative societies
- Nomination objections
- Returning Officer's duty
- Merits-based decision
