Case Note & Summary
The judgment pertains to three writ petitions filed by Ashok Pundlikrao Patil, Gokul Vishvanathrao Shinde, and Khandu Maroti Umbare, challenging the election of directors to the Shri Tuljabhavani Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory. The petitioners were candidates in the election but their nominations were rejected by the Returning Officer. They alleged that the respondent No.1 in each petition was disqualified from contesting the election under Section 73CA of the Maharashtra Cooperative Societies Act, 1960, as they were directors of another cooperative society. The petitioners also challenged the validity of Bye-law 26(2) of the society, which allowed a candidate to contest from multiple constituencies. The court examined the facts and found that the respondents had resigned from the other society before the election, and thus were not disqualified. The court also upheld the validity of Bye-law 26(2), stating that it was within the society's powers to frame such a bye-law. The court further held that the rejection of the petitioners' nominations was proper as their proposers were not members of the respective constituencies. Consequently, the court dismissed all three writ petitions, upholding the election of the respondents.
Headnote
A) Cooperative Law - Election Dispute - Validity of Bye-law 26(2) - The court examined the validity of Bye-law 26(2) of the Shri Tuljabhavani Sahakari Sakhar Karkhana Ltd., which allowed a candidate to contest from multiple constituencies. The court held that the bye-law was valid and not contrary to the Maharashtra Cooperative Societies Act, 1960 or the Rules. The petitioners' challenge to the bye-law was rejected. (Paras 1-10) B) Cooperative Law - Disqualification of Directors - Section 73CA of Maharashtra Cooperative Societies Act, 1960 - The court considered whether the respondent No.1 in each petition was disqualified under Section 73CA for being a director in another cooperative society. The court found that the respondents were not disqualified as they had resigned from the other society before the election. The court upheld the Returning Officer's decision to accept their nominations. (Paras 11-20) C) Cooperative Law - Rejection of Nomination - The petitioners' nominations were rejected by the Returning Officer on the ground that they were not validly proposed. The court held that the rejection was proper as the proposers were not members of the respective constituencies. The court dismissed the petitions challenging the rejection. (Paras 21-30)
Issue of Consideration
Whether the election of directors to the Shri Tuljabhavani Sahakari Sakhar Karkhana Ltd. was valid and whether the petitioners were disqualified from contesting the election.
Final Decision
The court dismissed all three writ petitions, upholding the election of the respondents and the validity of Bye-law 26(2).
Law Points
- Election dispute
- Cooperative society
- Bye-law interpretation
- Disqualification of directors
- Section 73CA of Maharashtra Cooperative Societies Act
- 1960
- Bye-law 26(2)
- Validity of election
- Rejection of nomination
- Candidature for multiple constituencies
