KARBHARI DEORAM REHAMARE Vs. DADA SHAHAJI REHAMARE

JUDGEMENT

(1.) This writ application is directed against the decision of the Maharashtra State Co-operative Appellate Court, hereinafter referred to as the Appellate Court dated 10-1-1980. Petitioners are the shareholders of respondent No. 10, Pohegaon Khurd Vividh Karyakari Sahakari Society Ltd., Pohegaon. Managing Committee Elections of this Society were scheduled to be held in accordance with the programme published under the authority of the Managing Committee dated 21-9-1978. The last date for nomination was 5-10-1978 and last date of withdrawal for nomination was 9-10-1978. Date of Polling, counting of votes and declaring results was fixed for 17-10-1978, and the date of scrutiny of nomination was fixed for 6-10-1978.

(2.) All the 9 petitioners before us had filed their nomination papers for contesting the 9 seats on the Managing Committee. Respondents 1 to 9 had also filed their nomination papers. Nomination papers of the petitioners were rejected by the Returning Officer. Other candidates that the 9 respondents whose nomination papers were accepted, withdrew from the Election before the fixed date for withdrawal. The Returning Officer, therefore, declared on 10-10-1978 respondents Nos. 1 to 9 to have won the election unopposed to the Managing Committee for three year 1978-79, 1979-80, 1980-81,

(3.) The petitioners challenged the validity of these elections by an Election Petition before the Co-operative Court on or before 4-12-1978. The Co-operative Court upheld contentions of the petitioners and held that there nominations papers were wrongly rejected. The respondents contested this election petition also on the ground that it was filed after the expiry of one month from the date of declaration of the results on 17-10-1978. Dispute as to the validity of election is required to be raised within one month of the declaration of the election results under section 92(1)(d) of the Maharashtra Co-operative Societies Act, hereinafter referred to as the Act. It is a common ground that the agenda of the General Body Meeting dated 5-11-1978 included an item as to the announcement of the names of the Managing Committee Members elected and accordingly the members of the Managing Committee so elected were notified in the said General Body Meeting. Petitioners claimed to have filed the dispute on 4-12-1978 within one month of such declaration at the General Body Meeting on 5-11-1978. According to the petitioners one months period is to be counted from 5-11-1978 and not from the declaration of such results by the Returning Officer on 17-10-1978. This contention of the petitioners was accepted by the trial Court. Out of the 9 petitioners, trial Court accepted the case only of the petitioners Nos. 1, 2, 5, 6 and 7. The trial Court did not find any defect in the rejection of nomination papers of petitioners Nos. 3, 4, 8 and 9.