Case Note & Summary
The petitioner, Tarasingh Gopalsingh Jadhav, a member of the Chikhali Urban Cooperative Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the election programme published on 09.01.2010 by the Election Officer (Respondent No.2) for the bank's executive committee elections. The petitioner contended that the election programme did not comply with Section 73B of the Maharashtra Cooperative Societies Act, 1960, which mandates reservation of seats for Scheduled Castes/Scheduled Tribes, weaker sections, women, and, after an amendment on 23.04.2001, for VJNT and OBC categories. The bye-laws of the society provided for four reserved seats (one SC/ST, one weaker section, two women) but did not include VJNT and OBC. The petitioner, belonging to the VJ category, argued that the failure to provide reservation for VJNT and OBC rendered the election programme invalid. The respondents did not dispute the non-compliance but argued that the bye-laws had not been amended to reflect the new categories. The court held that the statutory provisions of Section 73B are mandatory and prevail over bye-laws. Since the election programme did not provide the required reservations, it was quashed. The court directed the respondents to issue a fresh election programme incorporating reservations for VJNT and OBC categories as per the amended Section 73B. The petition was allowed with no order as to costs.
Headnote
A) Cooperative Societies - Election - Reservation of Seats - Section 73B Maharashtra Cooperative Societies Act, 1960 - Mandatory Reservation - The election programme published on 09.01.2010 for the Chikhali Urban Cooperative Bank did not provide reservation for VJNT and OBC categories as required by subsections (a1) and (a2) of Section 73B, inserted on 23.04.2001. The court held that the election programme is not in conformity with the statutory requirements and directed the respondents to issue a fresh election programme incorporating the mandatory reservations. (Paras 2-4) B) Cooperative Societies - Bye-laws - Amendment - Section 73B Maharashtra Cooperative Societies Act, 1960 - Effect of Amendment - The bye-laws of the society provided for four reserved seats (SC/ST, weaker sections, two for women) but did not include VJNT and OBC categories despite the amendment to Section 73B. The court held that the bye-laws must be read in conformity with the amended statutory provisions, and the failure to amend bye-laws does not justify non-compliance with the Act. (Paras 3-4) C) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Interference in Election Matters - The court exercised its writ jurisdiction to quash the election programme as it was contrary to the statutory mandate, and the election process had not reached an irreversible stage. The court directed the respondents to issue a fresh election programme with proper reservation. (Paras 2, 4)
Issue of Consideration
Whether the election programme published by the Election Officer for the Chikhali Urban Cooperative Bank is valid when it does not provide for reservation of seats as mandated by Section 73B of the Maharashtra Cooperative Societies Act, 1960, particularly for VJNT and OBC categories.
Final Decision
The writ petition is allowed. The election programme published on 09.01.2010 is quashed. The respondents are directed to issue a fresh election programme in conformity with Section 73B of the Maharashtra Cooperative Societies Act, 1960, providing reservation for VJNT and OBC categories. No order as to costs.
Law Points
- Reservation of seats in cooperative societies
- Section 73B Maharashtra Cooperative Societies Act
- 1960
- Mandatory compliance with statutory reservation
- Election programme without reservation is invalid
