SADASHIV GANPATRAO MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition the petitioner, who is a member of a Cooperative Society i.e. Warad Adivasi Vividh Karyakari Sahari Sanstha and is a representative of the said Society as its member and voter for the purposes of taking part in elections to the respondent No.7 - Yavatmal District Central Cooperative Bank Ltd., has challenged order dated 12/03/2020, passed by the respondent No.2 - Divisional Joint Registrar of Cooperative Societies, whereby an order passed by the respondent No.3 - Returning Officer rejecting the nomination form of respondent No.4 has been set aside and appeal filed by respondent No.4 has been allowed.

(2.) It is an admitted position that the petitioner as well as respondent Nos.4,5 and 6 are candidates in the fray from constituency of Credit Cooperative Societies, Multipurpose Credit Cooperative Societies, Primary Service Societies, Joint Agriculture Societies and Grain Banking Societies of Taluka Ralegaon constituency for election to the respondent No.7 - Yavatmal District Central Cooperative Bank Ltd. While the nomination papers of the petitioners and respondent Nos.5 and 6 were accepted, that of respondent No.4 was rejected by the respondent No.3 - Returning Officer on an objection raised by the petitioner.

(3.) The nature of the objection raised on behalf of the petitioner was that although the respondent No.4 was seeking to be a nominee for the Saoner Gram Vividh Karyakari Sahakari Sanstha Maryadit, he was also a Director on the Adivasi Vividh Karyakari Sahakari Sanstha Maryadit Wai, Tal. Pandharkavda. It was claimed by the petitioner before the Returning Officer that since the aforesaid Society at Wai of which the respondent No.4 was a Director was a defaulting Society, the nomination of respondent No.4 could not be accepted in view of Section 73CA(A-1)(i)(f) of the Maharashtra Cooperative Societies Act, 1960. It was pointed out by the petitioner before the respondent No.3 - Returning Officer that such a Director of a defaulting Society was not eligible for being elected as a member of the respondent No.7 - Yavatmal District Central Cooperative Bank Ltd.