Case Note & Summary
The petitioner, Shriram Mukundrao Korde, a member of Vividh Karyekari Seva Sahakari Society Ltd., Tandulwadi, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the election process for the society's committee. The petitioner was aggrieved by the order dated 7 January 2015 passed by the Election Officer, Shri S.S. Mali, which partly allowed his objection application dated 5 January 2015 regarding the provisional voters list. The petitioner contended that despite his objections, 64 voters were included in the final voters list published on 8 January 2015, who were not valid voters under the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014. The total membership of the society was about 240, and the inclusion of 64 voters constituted approximately 25% of the voters, which could significantly affect the election outcome. The petitioner also argued that the election programme was declared in contravention of the Rules. The court, after hearing the petitioner's counsel and the Assistant Government Pleader, issued notice to the respondents and passed an interim order on 15 January 2015. The court reproduced relevant provisions of the Rules and noted that the Election Officer had not properly considered the objections. The court held that the inclusion of such a large number of allegedly ineligible voters without proper verification was unsustainable. The court directed the Election Officer to reconsider the objections and exclude any voters who are not valid under the Rules. The court also directed that the election process be conducted strictly in accordance with the Rules. The writ petition was allowed in part, and the impugned order was set aside to the extent of the inclusion of the 64 voters. The court further directed that the election schedule be revised if necessary.
Headnote
A) Cooperative Societies - Election - Voters List - Inclusion of Ineligible Voters - Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 - The petitioner challenged the inclusion of 64 voters in the provisional list, alleging they were not valid voters under the Rules. The court held that the inclusion of such a large chunk (25% of total voters) without proper verification vitiates the election process and directed the Election Officer to reconsider the objections and exclude ineligible voters. (Paras 1-5) B) Cooperative Societies - Election - Compliance with Statutory Rules - Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 - The court observed that the election programme was declared in contravention of the Rules and that the Election Officer failed to follow the prescribed procedure. The court directed that the election process be conducted strictly in accordance with the Rules. (Paras 4-5)
Issue of Consideration
Whether the inclusion of 64 voters in the provisional voters list, who are allegedly not valid voters under the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014, is sustainable and whether the election programme declared in contravention of the Rules is liable to be set aside.
Final Decision
The court allowed the writ petition in part, setting aside the impugned order dated 7.1.2015 to the extent of inclusion of the 64 voters. The Election Officer was directed to reconsider the objections and exclude any voters who are not valid under the Rules. The election process was directed to be conducted strictly in accordance with the Rules, and the election schedule may be revised if necessary.
Law Points
- Election process under cooperative societies rules
- validity of voters list
- inclusion of ineligible voters
- compliance with statutory rules
- interim relief in election matters
