BHAGWANRAO RAMCHANDRARAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The controversy relates to elections to the Managing Committee of the Jalgaon and Latur District Central Co-operative Banks.

(2.) When the hearing of the petitions commenced, the learned Counsel for the respondents indicated that they proposed to raise the preliminary objection. They put the preliminary objection on the ground that the Maharashtra Co-operative Societies Act, 1960 is a self-contained Code under which the petitioners have a specific alternate remedy and therefore interference by this Court under its writ jurisdiction is not warranted. The question of law involved in this batch of petitions is common and therefore, these petitions are taken up for hearing together. To appreciate the controversy raised in these petitions, a few relevant facts in the first petition may be described.

(3.) The respondent no. 3 Returning Officer published the election programme of the election to the Managing Committee of respondent no.5 Bank. As per the election programme, the nomination forms were to be submitted between 11/10/2021 and 18/10/2021. The scrutiny was fixed on 20/10/2021 and final list of the eligible candidates would be published on 09/11/2021. A copy of the Election Programme is annexed to the petition as Exhibit-A. The name of the petitioner, in the capacity of delegate of Vividh Karyakari Seva Sahakari Society Ltd. Talegaon (BHO), is included in the Voters List. Govind son of Arjunrao Biradar, respondent no. 4 herein, has submitted his nomination paper on 14.10.2021 from Primary Agricultural Credit Society 's Deoni constituency as a contesting candidate. On 20.10.2021, during scrutiny of the nomination papers, the petitioner had raised objection to the nomination paper of respondent no. 4, inter alia, contending that the respondent no. 4 and his family members were the directors of the company registered under the Companies Act, 1956. They were doing the business of trade and commerce and thus had substantial interest in the company and therefore, by virtue of Section 10A of Banking Regulation Act, 1949, respondent no.4 attracted disqualification for becoming a member of the Managing Committee of the respondent Bank. The returning Officer/ Respondent no. 3 rejected the objection raised by the petitioner and accepted the nomination paper of respondent no. 4 by the impugned Order dated 21.10.2021.