Case Note & Summary
The petitioner, Adiwasi Seva Sahakari Sanstha, a primary society, filed a writ petition challenging the order dated 2/8/2011 passed by the Collector, Gondia, rejecting its application for inclusion of the name of its delegate in the voters' list for elections to the Board of Directors of the Gondia District Central Cooperative Bank Ltd. The provisional voters' list published on 18/5/2011 showed a blank against the petitioner's name, indicating no delegate. The petitioner objected by letter dated 8/7/2011 forwarding a resolution dated 7/7/2011 appointing Kashif Jama Abdul Gaffur Qureshi as its delegate. The Collector rejected the application without giving the petitioner an opportunity of hearing. The High Court found that the order was passed in violation of principles of natural justice. The court set aside the Collector's order and directed the Collector to decide the application afresh after hearing the petitioner. The petition was allowed with no order as to costs.
Headnote
A) Cooperative Law - Election - Voters' List - Inclusion of Delegate - Maharashtra Cooperative Societies Act, 1960 - The petitioner society's application for inclusion of its delegate's name in the voters' list was rejected by the Collector without giving an opportunity of hearing. The High Court held that the order was passed in violation of principles of natural justice and set it aside, directing the Collector to decide the application afresh after hearing the petitioner. (Paras 2-5)
Issue of Consideration
Whether the Collector's order rejecting the petitioner's application for inclusion of its delegate's name in the voters' list for elections to the Board of Directors of the Gondia District Central Cooperative Bank Ltd. is sustainable in law.
Final Decision
The High Court allowed the writ petition, set aside the order dated 2/8/2011 passed by the Collector, Gondia, and directed the Collector to decide the application of the petitioner for inclusion of its delegate's name in the voters' list afresh after giving an opportunity of hearing to the petitioner. Rule made absolute with no order as to costs.
Law Points
- Natural justice
- right to be heard
- inclusion of delegate in voters' list
- cooperative society elections
- Maharashtra Cooperative Societies Act
- 1960
Case Details
2011 LawText (BOM) (08) 128
Writ Petition No.3906 of 2011
Shri S.K. Tambde for petitioner; Shri P.V. Bhoyar, Assistant Government Pleader for respondent no.1; Shri M.V. Samarth for respondent no.2
Adiwasi Seva Sahakari Sanstha
Hon'ble Collector, Gondia; The Gondia District Central Cooperative Bank Limited
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Nature of Litigation
Writ petition challenging the order of the Collector rejecting the application for inclusion of delegate's name in the voters' list for cooperative bank elections.
Remedy Sought
The petitioner sought quashing of the Collector's order dated 2/8/2011 and direction to include its delegate's name in the voters' list.
Filing Reason
The Collector rejected the petitioner's application for inclusion of its delegate's name without giving an opportunity of hearing.
Previous Decisions
The Collector, Gondia, passed the order dated 2/8/2011 rejecting the application.
Issues
Whether the Collector's order rejecting the application for inclusion of delegate's name was passed in violation of principles of natural justice.
Submissions/Arguments
The petitioner argued that the Collector passed the order without giving any opportunity of hearing, violating natural justice.
The respondents did not make any specific submissions recorded in the judgment.
Ratio Decidendi
An order rejecting an application for inclusion of a delegate's name in the voters' list without affording an opportunity of hearing to the applicant is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
The above petition takes exception to the order dated 2/8/2011 passed by the Collector, Gondia whereby the Application of the petitioner Society for inclusion of the name of its delegate in the voters' list for participating in the elections to the Board of Directors of the Gondia District Central Cooperative Bank Ltd. came to be rejected.
The impugned order has been passed without giving any opportunity of hearing to the petitioner. The said order therefore cannot be sustained.
Procedural History
The petitioner society filed an application for inclusion of its delegate's name in the voters' list. The Collector rejected the application by order dated 2/8/2011. The petitioner then filed the present writ petition before the Bombay High Court, Nagpur Bench, which was heard and disposed of on 11/8/2011.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960:
