Case Note & Summary
The petitioners, Vinod Krushnaraoji Wankhede and another, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 10 June 2006 passed by the Election Officer (Collector, Wardha) accepting the nomination of respondent no.2 for election to the Board of Directors of Mahatama Sahakari Sakhar Karkhana Maryadit, Jamni, a specified cooperative society under Section 73G of the Maharashtra Cooperative Societies Act, 1960. The election was for the term 2006-2011, with 17 posts to be filled. The voters list was published on 18 April 2006, and the election program on 3 June 2006. The petitioners objected to respondent no.2's nomination on the ground that he was not a member of the specified society but of a different cooperative society, and thus ineligible. The Election Officer rejected the objection and accepted the nomination. The petitioners sought to quash that order. The court issued rule and interim stay on 3 July 2006, which was later modified by the Division Bench in Letters Patent Appeal No.109/2006 on 27 July 2006, directing expeditious disposal. The court considered the eligibility criteria under Section 73G and the relevant bye-laws. The respondent no.2 argued that he was a member of another cooperative society and that the bye-laws allowed any member of any cooperative society to contest. The court examined the statutory provisions and found that Section 73G requires a candidate to be a member of the specified society itself. The bye-laws could not override the statute. The court held that respondent no.2 was not a member of the specified society on the last date of filing nomination and therefore his nomination was invalid. The court quashed the Election Officer's order and directed that the nomination be rejected. The election results were directed not to be declared until the nomination was rejected.
Headnote
A) Cooperative Societies - Election - Eligibility - Section 73G of the Maharashtra Cooperative Societies Act, 1960 - Candidate must be a member of the specified society on the last date of filing nomination - The court held that membership in a different cooperative society does not satisfy the requirement of being a member of the specified society. The Election Officer's order accepting the nomination was quashed. (Paras 1-10)
Issue of Consideration
Whether a candidate who is a member of a different cooperative society but not a member of the specified society is eligible to contest election to the board of directors of the specified society under Section 73G of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The court allowed the writ petition, quashed the order dated 10 June 2006 passed by the Election Officer accepting the nomination of respondent no.2, and directed that the nomination be rejected. The election results were directed not to be declared until the nomination is rejected.
Law Points
- Eligibility for election to board of specified cooperative society requires membership in that society on the last date of filing nomination
- membership in a different cooperative society does not suffice
- Section 73G of Maharashtra Cooperative Societies Act
- 1960
