Case Note & Summary
The petitioner, Jagdish Lahu Badhe, filed a writ petition challenging the order dated 21.11.2022 passed by the Returning Officer (Respondent No.3) rejecting his nomination paper for the election to the Board of Directors of Jalgaon Zilla Sahakari Dudh Udpadak Sangh (Respondent No.4). The nomination was rejected on the ground that the proposer, Thaksen Bhaskar Patil (Respondent No.5), was not a member of the society on the date of filing the nomination, as required by bye-law 26(2)(a) of the society's bye-laws. The petitioner argued that the proposer was a member of a primary society which was a member of the respondent society, and thus deemed a member. The court examined the bye-laws and found that bye-law 26(2)(a) clearly requires the proposer to be a member of the society. The court noted that the list of members provided by the society did not include the proposer's name. The court held that the Returning Officer's decision was correct and dismissed the petition, noting that the petitioner had an alternative remedy of filing an election petition under Section 144 of the Maharashtra Co-operative Societies Act, 1960.
Headnote
A) Cooperative Societies - Election - Nomination Rejection - Bye-law Compliance - The petitioner's nomination was rejected as the proposer was not a member of the society on the date of filing, violating bye-law 26(2)(a) which requires the proposer to be a member. The court held that the Returning Officer's decision was correct and the writ petition was dismissed as the petitioner failed to comply with the bye-laws. (Paras 1-10)
B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - The court noted that the petitioner had an alternative remedy of election petition under Section 144 of the Maharashtra Co-operative Societies Act, 1960, but proceeded to decide the matter on merits as the issue was purely legal. (Paras 2-3)
Issue of Consideration
Whether the rejection of the petitioner's nomination paper by the Returning Officer on the ground that the proposer was not a member of the society at the time of filing was valid under the Maharashtra Co-operative Societies Act, 1960 and the society's bye-laws.
Final Decision
The writ petition is dismissed. The order dated 21.11.2022 rejecting the petitioner's nomination is upheld.
Law Points
- Election law
- Cooperative societies
- Nomination rejection
- Bye-law compliance
- Writ jurisdiction
- Alternative remedy
Case Details
2022 LawText (BOM) (12) 16
Writ Petition No.11684 of 2022
Mr. R. N. Dhorde, Senior Advocate h/f Mr. V. R. Dhorde for Petitioner; Mr. V. H. Dighe GP for Respondent Nos.1 & 3; Mr. D. R. Kale for Respondent No.2; Mr. D. B. Thoke for Respondent No.5
State Co-operative Election Authority, Maharashtra State; District Co-operative Election Authority / Divisional Joint Registrar, Co-operative Societies (Dairy), Nashik Division; Returning Officer/District Deputy Registrar, Co-operative Societies, Jalgaon; Jalgaon Zilla Sahakari Dudh Udpadak Sangh, Jalgaon; Thaksen Bhaskar Patil
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Nature of Litigation
Writ petition challenging rejection of nomination paper for election to Board of Directors of a cooperative society.
Remedy Sought
Petitioner sought quashing of order dated 21.11.2022 rejecting his nomination and direction to accept the nomination.
Filing Reason
Petitioner's nomination was rejected on ground that proposer was not a member of the society.
Previous Decisions
Returning Officer rejected nomination on 21.11.2022.
Issues
Whether the rejection of nomination by the Returning Officer was valid under the bye-laws of the society and the Maharashtra Co-operative Societies Act, 1960.
Submissions/Arguments
Petitioner argued that the proposer was a member of a primary society which is a member of the respondent society, and thus deemed a member under the bye-laws.
Respondents argued that the proposer was not a member of the society as per the list of members, and the nomination was rightly rejected.
Ratio Decidendi
The Returning Officer's rejection of nomination was correct as the proposer was not a member of the society at the time of filing, violating bye-law 26(2)(a). The court declined to interfere in writ jurisdiction as the petitioner had an alternative remedy of election petition.
Judgment Excerpts
In the present writ petition the petitioner is challenging the order dated 21.11.2022 passed by the Returning Officer rejecting the nomination paper of the petitioner.
The Returning Officer rejected the nomination paper on the ground that the proposer is not a member of the society.
The court held that the Returning Officer's decision was correct and the writ petition is dismissed.
Procedural History
The petitioner filed nomination on 21.11.2022 for election to Board of Directors. The Returning Officer rejected the nomination on the same day. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 144
