Case Note & Summary
The petitioner, Sunil Pundlikrao Bhise, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the acceptance of nomination papers of respondents 4 to 9 for the general elections of respondent No. 3, Shriram Gharguti Paniwatap Seva Sahakari Sanstha Maryadit (a cooperative society). The elections were scheduled for 9/1/2010. The petitioner contended that the managing committee of the society had been superseded under Section 78(1) of the Maharashtra Cooperative Societies Act, 1960, and therefore, the members of the superseded committee (respondents 4 to 9) were disqualified from contesting the elections. The election officer (respondent 2) had accepted their nominations, which the petitioner argued was illegal. The court issued notice for final disposal on 19/12/2009, and after hearing the parties, allowed the petition, directing the election officer to reject the nomination papers of respondents 4 to 9 and proceed with the election of the remaining candidates.
Headnote
A) Cooperative Law - Election Disqualification - Supersession of Managing Committee - Section 78(1) Maharashtra Cooperative Societies Act, 1960 - The petitioner challenged the acceptance of nomination papers of respondents 4 to 9, who were members of the managing committee that was superseded under Section 78(1). The court held that once the managing committee is superseded, the members thereof are disqualified from contesting elections to the society. The election officer's failure to reject their nominations was illegal. (Paras 1-4)
Issue of Consideration
Whether members of a managing committee that has been superseded under Section 78(1) of the Maharashtra Cooperative Societies Act, 1960 are disqualified from contesting elections to the same society.
Final Decision
The court allowed the writ petition, quashed the acceptance of nomination papers of respondents 4 to 9, and directed the election officer to reject their nominations and proceed with the election of remaining candidates.
Law Points
- Section 78(1) of Maharashtra Cooperative Societies Act
- 1960
- disqualification of members of superseded managing committee
- election process
- nomination rejection
