Case Note & Summary
The petitioners, members of a cooperative sugar factory (Respondent No.3), challenged the election programme for the society's committee, alleging irregularities in the preparation of the voter list. The society is a specified cooperative society under Section 73G of the Maharashtra Cooperative Societies Act, 1960 (MCS Act), and its elections are governed by Chapter XIA of the Act and the Maharashtra Specified Cooperative Societies (Elections to Committee) Rules, 1971. The petitioners made allegations against the Minister for Cooperation and the Chief Minister (Respondent Nos.4 and 5), but the court clarified that it would not examine factual controversies and would dispose of the petition purely on a question of law. The court noted that the election process had already commenced, with the preliminary voter list scheduled to be published on 23rd February 2012. The court held that once the election process has started, the court should not interfere with the election programme on factual grounds, as the appropriate remedy is to file an election petition under Section 91 of the MCS Act after the election is concluded. Accordingly, the court dismissed the petition and directed the election process to continue as per the schedule. The court also declined to issue notice to Respondent Nos.4 and 5, as their involvement was not necessary for deciding the legal issue.
Headnote
A) Cooperative Law - Election of Specified Cooperative Society - Scope of Judicial Interference - Maharashtra Cooperative Societies Act, 1960, Chapter XIA and Section 91 - The Court held that once the election process has commenced, the Court should not interfere with the election programme on the basis of factual allegations regarding preparation of voter list, as the remedy lies in filing an election petition under Section 91 of the Act. The petition was disposed of purely on the question of law without examining factual controversies. (Paras 1-5) B) Cooperative Law - Specified Cooperative Society - Election Programme - Validity - Maharashtra Specified Cooperative Societies (Elections to Committee) Rules, 1971 - The Court upheld the validity of the election programme for a cooperative sugar factory, directing the election process to continue as per the schedule, including publication of preliminary voter list on 23rd February 2012. (Paras 2-5)
Issue of Consideration
Whether the Court should interfere with the election programme of a specified cooperative society on the ground of alleged irregularities in preparation of voter list, especially when the election process has already commenced and alternative remedy of election petition is available.
Final Decision
The petition is disposed of at the admission stage. Rule made returnable forthwith. The court declined to interfere with the election programme and directed the election process to continue as per schedule. No notice issued to Respondent Nos.4 and 5.
Law Points
- Election process of specified cooperative societies governed by Chapter XIA of MCS Act
- 1960 and Maharashtra Specified Cooperative Societies (Elections to Committee) Rules
- 1971
- Court's limited scope in election matters
- No interference with election programme on factual allegations
- Remedy of election petition available under Section 91 of MCS Act
