Case Note & Summary
The petitioners, members of Shivanand Cooperative Housing Society Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Election Officer to include 124 names in the voters' list for the election of the managing committee of the society. The petitioners argued that the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014 supersede prior rules and that Rule 78 provides for challenging elections only by an election petition under Section 91 of the Maharashtra Cooperative Societies Act, 1960. However, they contended that the 2014 Rules do not contain detailed provisions regarding the format, grounds, or parties to an election petition, making the remedy inadequate. The court, after hearing counsel for the petitioners and the State, held that the remedy of an election petition under Section 91 is an efficacious alternative remedy and that the writ petition is not maintainable in view of the bar under Rule 78. The court dismissed the petition but granted liberty to the petitioners to file an election petition before the Cooperative Court. The judgment was delivered by a Division Bench of the Bombay High Court on 15 June 2015.
Headnote
A) Cooperative Law - Election Dispute - Alternative Remedy - Rule 78 of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014 read with Section 91 of Maharashtra Cooperative Societies Act, 1960 - Petitioners sought inclusion of 124 names in voters' list for election of managing committee of a housing society - Court held that the remedy of election petition under Section 91 is an efficacious alternative remedy and the writ petition under Article 226 is not maintainable in view of the bar under Rule 78 - Held that the petition is dismissed with liberty to file election petition (Paras 1-5).
Issue of Consideration
Whether the High Court under Article 226 can entertain a petition challenging the voters' list for a cooperative society election when an alternative remedy of an election petition under Section 91 of the Maharashtra Cooperative Societies Act, 1960 read with Rule 78 of the 2014 Rules is available.
Final Decision
The writ petition is dismissed. However, the petitioners are at liberty to file an election petition before the Cooperative Court in accordance with law.
Law Points
- Election dispute remedy exclusive
- Rule 78 bar
- writ jurisdiction not available
- alternative remedy of election petition
Case Details
Writ Petition No.5257 of 2015
S.C. Dharmadhikari, G.S. Kulkarni
Mr. S.M. Oak i/b Mr. Pranil Sonawane, Mr. Sagar Joshi for Petitioners; Mrs. M.S. Bane 'B' Panel Counsel for Respondent nos.1 & 2
Pandurang Laxman Kadam and others
State of Maharashtra and others
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the voters' list for election of managing committee of a cooperative housing society.
Remedy Sought
Direction to include 124 names in the list of voters for elections scheduled for constitution of a committee to manage Shivanand Cooperative Housing Society Ltd.
Filing Reason
Petitioners' names were allegedly omitted from the voters' list for the election of the managing committee.
Issues
Whether the High Court under Article 226 can entertain a petition challenging the voters' list for a cooperative society election when an alternative remedy of an election petition under Section 91 of the Maharashtra Cooperative Societies Act, 1960 read with Rule 78 of the 2014 Rules is available.
Submissions/Arguments
Petitioners argued that the 2014 Rules supersede prior rules and that Rule 78 provides for challenging elections only by an election petition under Section 91, but the 2014 Rules do not contain detailed provisions regarding the format, grounds, or parties to an election petition, making the remedy inadequate.
Respondents argued that the remedy of election petition under Section 91 is an efficacious alternative remedy and the writ petition is not maintainable.
Ratio Decidendi
The remedy of an election petition under Section 91 of the Maharashtra Cooperative Societies Act, 1960 read with Rule 78 of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014 is an efficacious alternative remedy. The High Court under Article 226 should not entertain a writ petition challenging the voters' list for a cooperative society election when such alternative remedy is available.
Judgment Excerpts
The petitioners pray by this writ petition under Article 226 of the Constitution of India that the respondents and particularly the Election Officer be directed to include 124 names in the list of voters for elections and which are scheduled for the constitution of a committee to manage and administer the affairs of Shivanand Cooperative Housing Society Ltd.
By Rule 78 of these rules in part XI it is stated that no election shall be called in question except by an Election Petition presented to the Cooperative Court as laid down in section 91.
Procedural History
The petitioners filed Writ Petition No.5257 of 2015 before the Bombay High Court under Article 226 of the Constitution of India seeking inclusion of 124 names in the voters' list for the election of the managing committee of Shivanand Cooperative Housing Society Ltd. The petition was heard by a Division Bench on 15 June 2015 and dismissed with liberty to file an election petition.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 91
- Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014: Rule 78
