SHIVNARAYAN AMARCHAND PALIWAL Vs. VASNATRAO VITHALRAO GURJAR

JUDGEMENT

(1.) THIS petition is directed against order dated 20-12-1990 passed bv the respondent No. 4, a Specified Officer setting aside the election of petitioner on the Board of Directors of the respondent bank, in exercise of powers under section 144-T of Maharashtra Co-operative Societies Act, I960 (Act of 1960 ).

(2.) THE petitioner was a representative of an affiliated sale purchase society on the respondent Bank. The Bank is a Specified Co-operative Society as envisaged by Section 73-G of the Act of 1960. The State Government in exercise of powers under Section 144 X of the Act framed the Maharashtra specified Co-operative Societies Election to Committee Rules, 1971 (The Rules of 1971 ). The respondent No. 2, returning officer on 21-9-1987 for the purposes of election of the Board of Directors of the Bank, under ru e 4 declared a provisional list of voters. He then on 21-10-1987 under rule 7 declared the final list. On 15-4-1988 the Returning Officer, in accordance with rule 16 declared the programme of election, notifying therein 29th April 1988 as the last date for nomination.

(3.) ONE Bhsskar Hardikar was a representative of affiliated Haridas grahak Sahakari Sanstha, on the Bank. His name was accordingly shown in the final list. This affiliated society by resolution dated 7-4-1988 nominated one Bhupal Rehapade in place of Hardikar as its representative. The Returning Officer on 13-4-1988 received copy of the resolution. Correction accordingly was, however, not carried out. On 20-4-1988 said Bhupal Rehpade filed an objection in pursuance of sub-rule (2) of rule 5 of the Rules of 1971 for substitution of his name in place of Hardikar. The Returning Officer, however, by order dated 28-4-1988 rejected the application observing that the same is beyond the period of limitation as prescribed under the rule. , The Returning Officer then proceeded with the election programme and on 4-6-1988 conducted polling amongst others for the constituency of sale and purchase consumer co-operative store, He permitted Hardikar to cast vote on behalf of affiliated society. The petitioner and respondent No. 1 Vasantrao Gujar only contested election from the said constituency. The result was declared on 6-6-1988. The petitioner succeeded by securing 15 votes as against the respondent No. 1 who secured 14 votes only. Respondent No. 1, therefore, questioned the correctness and validity of election by presenting election petition before the respondent, Specified officer. The Specified Officer by impunged order set aside the order dated 20-4-1988 passed by the Ruterning Officer rejecting the claim of Rehapade and directed to hold the election afresh.