Case Note & Summary
The petitioner, Chandrashekhar Chandore, filed a writ petition challenging the order dated 8.12.2015 passed by the Election Officer of the Yeotmal Urban Cooperative Bank Ltd., which rejected his objection to the nomination form of respondent No.3, Manoj Sarwaiyya, for election to the Executive Committee of the bank. The petitioner contended that respondent No.3 had been convicted in Regular Criminal Case No.110/1998 and sentenced to imprisonment for more than one year, which disqualified him under Section 73CA(1)(ix) of the Maharashtra Cooperative Societies Act, 1960. The Election Officer rejected the objection solely on the ground that the conviction was challenged in an appeal which was pending. The petitioner argued that while the appellate court had suspended the sentence, the conviction itself was not suspended, and therefore the disqualification remained. The respondent No.3's counsel submitted that the appeal was pending and the sentence was suspended, but could not show any order staying the conviction. The court held that under Section 73CA(1)(ix), a person convicted of an offence involving imprisonment of not less than one year is disqualified from contesting the election. The suspension of sentence does not affect the conviction unless the conviction itself is stayed. Since the conviction was not stayed, the disqualification continued. The court allowed the petition, set aside the Election Officer's order, and directed that the nomination of respondent No.3 be rejected.
Headnote
A) Cooperative Societies - Election Disqualification - Conviction for Offence - Section 73CA(1)(ix) Maharashtra Cooperative Societies Act, 1960 - Disqualification for contesting election to committee of cooperative society - Petitioner objected to nomination of respondent No.3 on ground that he was convicted and sentenced to imprisonment for more than one year in Regular Criminal Case No.110/1998 - Election Officer rejected objection on ground that appeal against conviction was pending - Held that suspension of sentence does not suspend conviction; disqualification under Section 73CA(1)(ix) continues unless conviction itself is stayed - Election Officer's order set aside (Paras 2-6).
Issue of Consideration
Whether a person convicted and sentenced to imprisonment for more than one year is disqualified from contesting election to the committee of a cooperative society under Section 73CA(1)(ix) of the Maharashtra Cooperative Societies Act, 1960, even if the sentence has been suspended by the appellate court but the conviction is not stayed.
Final Decision
Writ petition allowed. Order dated 8.12.2015 passed by respondent No.1-Election Officer is quashed and set aside. Respondent No.1 is directed to reject the nomination form of respondent No.3.
Law Points
- Disqualification for contesting election to cooperative society committee under Section 73CA(1)(ix) of Maharashtra Cooperative Societies Act
- 1960
- Conviction for offence involving imprisonment of not less than one year
- Suspension of sentence does not suspend conviction
- Election Officer cannot reject objection on ground of pending appeal
