Case Note & Summary
The petitioners, members of Respondent No.3, a 'B' class society for more than 2 years, challenged the order dated 17/20 January 2015 passed by Respondent No.2 deleting their names from the final voters' list, thereby depriving them of voting rights in the election scheduled for 8 March 2015. The provisional list published on 5 January 2015 included their names. The last date for filing objections was 14 January 2015 at 3 p.m. However, an objection was filed by the Society on 15 January 2015, beyond the prescribed period. Without hearing the petitioners, the Authority deleted their names by merely scoring off and writing 'Deleted' against each name. The court held that the Authority ought not to have accepted the belated objection and that the deletion violated principles of natural justice as no opportunity was given. The court set aside the deletion order and directed that the petitioners' names be included in the final voters' list, allowing them to vote in the election.
Headnote
A) Cooperative Societies - Election - Voters' List - Deletion of Names - Natural Justice - The deletion of names from the final list without hearing the affected members and based on an objection filed beyond the prescribed period under the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 is illegal and unsustainable. (Paras 3-5)
B) Cooperative Societies - Election - Objection - Time Limit - The Authority cannot accept an objection filed after the last date prescribed in the election programme. (Para 4)
C) Cooperative Societies - Election - Court's Interference - Though court's interference is restricted once election process is initiated, if the action is in breach of statutory rules and principles of natural justice, the court can intervene. (Paras 3-5)
Issue of Consideration
Whether the deletion of petitioners' names from the final voters' list without affording them an opportunity of hearing and based on an objection filed beyond the prescribed period is valid.
Final Decision
The court allowed the writ petition, set aside the order dated 17/20 January 2015 deleting the petitioners' names, and directed that their names be included in the final voters' list, allowing them to vote in the election scheduled for 8 March 2015.
Law Points
- Natural justice
- Right to hearing
- Election Rules 2014
- Deletion of names without opportunity
- Objection beyond prescribed period
- Cooperative societies election
Case Details
2015 LawText (BOM) (02) 106
WRIT PETITION NO. 1513 OF 2015
Mr. Sanjeev P. Kadam for the Petitioners, Ms. Vaishali Nimbalkar, AGP for Respondent Nos. 1 and 2, Mr. Pradeep D. Dalvi for Respondent No.3
Sou. Kendale Ujjwala Ashok & Ors.
The State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging deletion of names from final voters' list in cooperative society election.
Remedy Sought
Petitioners sought setting aside of the deletion order and inclusion of their names in the final voters' list to enable them to vote.
Filing Reason
Petitioners' names were deleted from the final voters' list without hearing them and based on an objection filed after the prescribed deadline.
Previous Decisions
The Authority passed order dated 17/20 January 2015 deleting petitioners' names from the final list.
Issues
Whether the deletion of petitioners' names from the final voters' list without affording them an opportunity of hearing is valid.
Whether the Authority could accept an objection filed beyond the prescribed period under the Election Rules.
Submissions/Arguments
Petitioners argued that their names were included in the provisional list but deleted without any reason or hearing, and the objection was filed after the last date.
Respondents argued that the election process had commenced and court interference should be restricted.
Ratio Decidendi
The Authority cannot accept an objection filed beyond the prescribed period, and deletion of names from the voters' list without affording an opportunity of hearing violates principles of natural justice and the Election Rules.
Judgment Excerpts
The period so prescribed, just cannot be overlooked even by the concerned Authorities, apart from the members and/or the objectors.
There is no material and/or even submission made that the Petitioners were heard and/or any opportunity whatsoever as required, was given to them before deleting their names, abruptly.
Therefore, the Authority ought not to have accepted the said objection dated 15 January 2015, therefore, there is no question in the eyes of law to delete the names of the Petitioners.
Procedural History
The petitioners filed a writ petition in the Bombay High Court challenging the order dated 17/20 January 2015 passed by Respondent No.2 deleting their names from the final voters' list. The court heard the matter on 27 February 2015 and passed the judgment.
Acts & Sections
- Maharashtra Cooperative Societies (Election to Committee) Rules, 2014: Rules 6 to 11
