Case Note & Summary
The petitioner, Gadhinglaj Taluka Sahakari Sakhar Karkhana Ltd., challenged the order of the Collector, Kolhapur, which deleted the names of 29 member societies from the voters' list for the elections to the Managing Committee of the petitioner-society. The Collector's order was based on the ground of non-compliance with Section 27(3) of the Maharashtra Co-operative Societies Act, 1960. The High Court, upon perusal of the impugned order, found that the Collector had not established the non-compliance with Section 27(3) and therefore the order was not sustainable. The court allowed the petition and quashed the impugned order, thereby restoring the names of the 29 member societies in the voters' list.
Headnote
A) Co-operative Law - Election - Voters' List - Section 27(3) Maharashtra Co-operative Societies Act, 1960 - Deletion of member societies from voters' list - The Collector deleted 29 member societies from the voters' list for election to the managing committee on the ground of non-compliance with Section 27(3) - The High Court held that the Collector's order was not sustainable as the requirement of Section 27(3) was not clearly established - The petition was allowed and the impugned order was quashed (Paras 1-3).
Issue of Consideration
Whether the Collector's order deleting 29 member societies from the voters' list for non-compliance with Section 27(3) of the Maharashtra Co-operative Societies Act, 1960 is sustainable.
Final Decision
The petition is allowed. The impugned order of the Collector, Kolhapur, is quashed and set aside.
Law Points
- Section 27(3) of Maharashtra Co-operative Societies Act
- 1960
- deletion of voters
- member societies
- election to managing committee
Case Details
2005 LawText (BOM) (07) 16
Writ Petition No.4866 of 2005
Mr. V.A. Thorat, Mr. Shriniwas S. Patwardhan, Mr. N.V. Walawalkar with Mr. Amit Borkar, Mr. A.H. Palekar
Gadhinglaj Taluka Sahakari Sakhar Karkhana Ltd.
Collector of Kolhapur & Anr.
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Nature of Litigation
Writ petition challenging the order of the Collector deleting names of 29 member societies from the voters' list for elections to the Managing Committee of the petitioner-society.
Remedy Sought
Quashing of the Collector's order and restoration of the names of the 29 member societies in the voters' list.
Filing Reason
The Collector deleted the names of 29 member societies from the voters' list on the ground of non-compliance with Section 27(3) of the Maharashtra Co-operative Societies Act, 1960.
Previous Decisions
The Collector passed the impugned order deleting the names.
Issues
Whether the Collector's order deleting 29 member societies from the voters' list for non-compliance with Section 27(3) of the Maharashtra Co-operative Societies Act, 1960 is sustainable.
Submissions/Arguments
Petitioner argued that the Collector's order was not sustainable as the non-compliance with Section 27(3) was not established.
Ratio Decidendi
The Collector's order deleting voters from the list was not sustainable because the requirement of Section 27(3) of the Maharashtra Co-operative Societies Act, 1960 was not clearly established.
Judgment Excerpts
A perusal of the impugned order shows that the 29 members - Society have been deleted, principally on the ground that there is a non-compliance of Section 27(3) of the Maharashtra Co-operative Societies Act, 1960.
In my view, the impugned order is not sustainable.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay challenging the order of the Collector, Kolhapur, dated 29 July 2005, which deleted the names of 29 member societies from the voters' list for the elections to the Managing Committee of the petitioner-society.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 27(3)
