Case Note & Summary
The petitioner, Tumsar Sahakari Shetki Kharedi Vikri Samiti Ltd., a cooperative society, filed a writ petition seeking a direction against the Collector, Bhandara, to render the account of expenses of the election of its Managing Committee held in February 2004, with the result declared on 6th February 2004, under Section 144-D(3) of Chapter XI-A of the Maharashtra Cooperative Societies Act, 1960. The petitioner also sought a direction for performance of statutory duty under Section 144-Y(2) of the Act. The Court heard Mr. S. Paliwal for the petitioner and Mr. Dhote, AGP, for the respondents. The Court noted that the election was held under the scheme of Section 144-D(3) and that the Collector has a statutory duty under Section 144-Y(2) to render the account of election expenses. The Court directed the Collector to render the account within four weeks from the date of the order. The petition was disposed of with no order as to costs.
Headnote
A) Cooperative Law - Election Expenses Account - Section 144-Y(2) Maharashtra Cooperative Societies Act, 1960 - Statutory Duty of Collector - The petitioner society sought direction against the Collector to render account of expenses of election of Managing Committee held in February 2004. The Court held that the Collector has a statutory duty under Section 144-Y(2) to provide the account of election expenses to the society. The Court directed the Collector to render the account within four weeks. (Paras 3-5)
Issue of Consideration
Whether the Collector is bound to render the account of expenses of the election of the Managing Committee held in February 2004 under Section 144-Y(2) of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The Court directed the Collector to render the account of expenses of the election of the Managing Committee held in February 2004 within four weeks from the date of the order. The writ petition was disposed of with no order as to costs.
Law Points
- Statutory duty of Collector to render account of election expenses under Section 144-Y(2) of Maharashtra Cooperative Societies Act
- 1960
- Mandamus for performance of statutory duty
- Election expenses account must be provided by Collector after election of Managing Committee
Case Details
2006 LawText (BOM) (02) 66
Writ Petition No. 68 of 2005
Mr. S. Paliwal for the Petitioner, Mr. Dhote, AGP for Respondent Nos. 1 & 2
Tumsar Sahakari Shetki Kharedi Vikri Samiti Ltd., Tumsar, District-Bhandara
The Collector, Bhandara, District-Bhandara; The Tahsildar, Tumsar, District-Bhandara
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Nature of Litigation
Writ petition seeking direction against Collector to render account of election expenses and for performance of statutory duty under the Maharashtra Cooperative Societies Act, 1960.
Remedy Sought
Direction against the Collector to render account of expenses of election of Managing Committee held in February 2004 and for performance of statutory duty under Section 144-Y(2) of the Act.
Filing Reason
The Collector failed to render the account of election expenses as required under Section 144-Y(2) of the Maharashtra Cooperative Societies Act, 1960.
Issues
Whether the Collector is bound to render the account of expenses of the election of the Managing Committee under Section 144-Y(2) of the Maharashtra Cooperative Societies Act, 1960.
Submissions/Arguments
Mr. Paliwal for the petitioner submitted that the election of the Managing Committee was held in February 2004 and the result was declared on 6th February 2004 under Section 144-D(3) of the Act, and the Collector has a statutory duty under Section 144-Y(2) to render the account of election expenses.
Ratio Decidendi
The Collector has a statutory duty under Section 144-Y(2) of the Maharashtra Cooperative Societies Act, 1960 to render the account of election expenses to the society. Failure to do so warrants a direction by way of mandamus.
Judgment Excerpts
In the present writ petition, direction is sought against the Collector to render the account of expenses of the election of Managing Committee held in the month of February, 2004, & the result was declared on 6th February, 2004, as per the scheme of Section 144-D(3) of Chapter XI-A of Maharashtra Cooperative Societies Act, 1960.
The another direction is sought against the Respondent NO. 1 – Collector for performance of statutory duty stipulated under Section 144-Y(2) of the Act.
Procedural History
The petitioner filed Writ Petition No. 68 of 2005 before the Bombay High Court, Nagpur Bench, seeking direction against the Collector to render account of election expenses. The petition was heard and disposed of on 23rd February 2006.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 144-D(3), 144-Y(2)
