PAIGONDA BALGONDA PATIL Vs. RAJESH SHANKARRAO PATIL

JUDGEMENT

(1.) IN respect of a specified Society-Respondent No. 3 Bank, there arose a dispute with regard to enrolment and registration of 128 Co-operative Societies as Members of respondent No. 3. The 1st respondent-Rajesh Shankarrao Patil filed an application before the Collector and contended that the enrolment of those 128 Co-operative Societies was contrary to the rules and bye-laws of the Society and in breach of the provisions of the Maharashtra Co-operative Societies Act. The Collector declined to interfere with the registration on the ground that he did not have jurisdiction so to do. This order of the Collector was challenged by the 1st respondent before the High Court as well as the Supreme Court. However, the order of the Collector was upheld. In February 1991, the Supreme Court permitted respondent No. 1 to withdraw his challenge with liberty to file election petition or other appropriate dispute.

(2.) IN the meantime, under directions of the Court, the 2nd respondent-Election Officer had proclaimed a programme for the election of the specified Society. The said programme could not be completed in view of the fact that the election to the candidature of the representative from Gat No. 2 was under dispute between the parties. The High Court in a separate order directed that in view of the Supreme Court having declined to interfere in the objections raised by the 1st respondent and in the meantime the election having been postponed in respect of Gat No. 2 only, to avoid prejudice to the elected representative of Gat No. 2, the election for the posts of Chairman and Vice-Chairman should not be declared till 11th April 1991 and in the meantime election programme was ordered to be declared for the purpose of Gat No. 2.

(3.) THE election programme for Gat No. 2 having been declared, the parties had taken steps and the ballots were due on 2nd April 1991 for Gat No. 2. In the meantime, however, on 1st April 1991 the 1st respondent filed a dispute under Section 91 of the Maharashtra --Co-operative Societies Act before the Co-operative Court again raising the dispute that the enrolment of 128 Societies was void and illegal being contrary to the rules and bye-laws of the Society and in breach of the provisions of the Maharashtra Co-operative Societies Act. In the said dispute, the 1st respondent also claimed an interim relief that the 128 Societies should not participate in the election to be held on 2nd April 1991 and if participated, their votes should not be counted and result should not be declared. He also sought an injunction against the Election Officer from permitting them to vote and from declaring such result. The Co-operative Court by its order dated 1st April 1991 did not want to stop the process of voting but directed that a separate ballot be kept for the 128 disputed members from Gat No. 2 and the election ballot should take place according to the schedule on 2nd April 1991. The petitioner herein preferred an appeal before the Co-operative Appellate Bench and the Appellate Bench by its order dated 3rd April 1991 dismissed the appeal but directed that the Co-operative Court should also frame a preliminary issue about its jurisdiction to decide the dispute.