Case Note & Summary
The petitioner, a cooperative society, filed a writ petition seeking a direction to hold elections to the society. The respondents, including the State of Maharashtra and the Deputy Registrar of Cooperative Societies, did not oppose the prayer. The government pleader submitted that elections would be held as soon as the objections to the provisional voters list were finalized and the final voters list was published. The court, after hearing the parties, directed that the election programme be declared within six weeks from the publication of the final voters list. The rule was made absolute in those terms. The judgment is brief and focuses on the expeditious conduct of elections.
Headnote
A) Cooperative Societies - Election - Direction to Hold Elections - The petitioner sought a direction to hold elections to the society. The government pleader stated that elections would be held after finalization of objections to the provisional voters list and publication of the final voters list. The court directed that the election programme be declared within six weeks from the publication of the final voters list. (Paras 2-4)
Issue of Consideration
Whether the court should direct the holding of elections to the cooperative society in question.
Final Decision
Rule made absolute. The election programme be declared within six weeks from the publication of the final voters list.
Law Points
- Elections to cooperative societies must be held expeditiously after finalization of voters list
- Direction to declare election programme within six weeks of publication of final voters list
Case Details
2010 LawText (BOM) (02) 111
Writ Petition No.326 of 2010
S.A. Bobde, Smt. Vasanti A. Naik
Shri A.M. Ghogare for petitioner, Shri N.W. Sambre, Government Pleader for respondents
Shri Gajanan Sahakari Sut Girni Maryadit, through its Director Shri Pratap Arunbhau Adsad
1] The State of Maharashtra, through Collector, Amravati, 2] Deputy Registrar of Cooperative Societies, Amravati
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Nature of Litigation
Writ petition seeking direction to hold elections to a cooperative society.
Remedy Sought
Direction to hold elections to the society.
Filing Reason
Elections to the society were not being held.
Issues
Whether the court should direct the holding of elections to the cooperative society.
Submissions/Arguments
Petitioner sought direction to hold elections. Government pleader stated elections would be held after finalization of voters list.
Ratio Decidendi
Elections to cooperative societies should be held expeditiously; the court can direct the election programme to be declared within a reasonable time after the final voters list is published.
Judgment Excerpts
The only prayer is that the election to the society in question be held.
Shri Sambre, learned government pleader states that the elections will be held as soon as the objections to the provisional voters list are finalised and the final voters list is published.
No further orders are necessary, except that the election programme be declared within six weeks from the publication of the final voters list.
Procedural History
Writ petition filed in the High Court of Bombay, Nagpur Bench. Rule was issued and heard by consent.
