Case Note & Summary
The petitioner, Valmik Chiman Bhavar, a member and candidate in the election for the managing committee of Balapur Vividh Karyakari Seva Society Ltd., challenged the election result declared on 20.5.2010. The petitioner and respondent no.4 were the only two candidates from the economically weaker category and both received equal votes, resulting in a tie. The election officer decided the tie by drawing lots, which the petitioner contested. The court heard the learned counsel for both sides and held that under Rule 74 of the Maharashtra Cooperative Societies Rules, 1961, the election officer has the power to decide a tie by lot. The petition was dismissed as the election officer's action was valid.
Headnote
A) Cooperative Societies - Election - Tie in Votes - Section 73(1) of the Maharashtra Cooperative Societies Act, 1960 and Rule 74 of the Maharashtra Cooperative Societies Rules, 1961 - The petitioner and respondent no.4 were the only two candidates from the economically weaker category and both got equal votes, resulting in a tie. The election officer decided the tie by drawing lots, which was challenged by the petitioner. Held that the election officer has the power to decide a tie by lot under Rule 74, and the petition is dismissed. (Paras 1-5)
Issue of Consideration
Whether the election officer's decision to decide a tie in votes by drawing lots is valid under the Maharashtra Cooperative Societies Act, 1960 and the Rules framed thereunder.
Final Decision
The petition is dismissed. The election officer's decision to decide the tie by drawing lots is upheld.
Law Points
- Election tie
- casting vote
- lot
- cooperative society
- managing committee
- Maharashtra Cooperative Societies Act
- 1960
- Rule 74
Case Details
2010 LawText (BOM) (08) 45
Writ Petition No.4440 of 2010
D.D.Sinha, Mrs.Mridula Bhatkar
Mr.Balkrishna Joshi for Petitioner, Mr.Sabrad for Respondent nos.1 & 2, Mr.V.S.Gokhale AGP for Respondent nos.3 & 6
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging election result of managing committee of a cooperative society.
Remedy Sought
Petitioner sought to challenge the result of the election of the managing committee of the respondent-society declared on 20.5.2010.
Filing Reason
Petitioner and respondent no.4 were the only two candidates from the economically weaker category and both got equal votes, resulting in a tie. The election officer decided the tie by drawing lots, which the petitioner challenged.
Issues
Whether the election officer's decision to decide a tie in votes by drawing lots is valid under the Maharashtra Cooperative Societies Act, 1960 and the Rules framed thereunder.
Submissions/Arguments
Petitioner argued that the election officer's decision to decide the tie by lot was invalid.
Respondents argued that the election officer has the power to decide a tie by lot under Rule 74.
Ratio Decidendi
Under Rule 74 of the Maharashtra Cooperative Societies Rules, 1961, the election officer has the power to decide a tie in votes by drawing lots. Therefore, the election officer's action was valid and the petition is dismissed.
Judgment Excerpts
Heard learned counsel for the petitioner and respondents.
The petitioner has challenged the result of the elections of the managing committee of Balapur Vividh Karyakari Seva Society Ltd,Balapur Taluka Yeola District Nasik respondent no.2 which was declared on 20.5.2010.
Petitioner and respondent no.4 were the only two candidates contesting the said elections from the economically weaker category and both got equal votes; thus there was a tie.
Procedural History
The petitioner filed a writ petition challenging the election result declared on 20.5.2010. The court heard the matter and reserved judgment on 26th July, 2010, and declared on 18th August, 2010.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 73(1)
- Maharashtra Cooperative Societies Rules, 1961: Rule 74
