BHAGWAT SOJANAJI SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE respondent No. 2 the Multipurpose Society registered under the provisions of Maharashtra Co-operative Societies Act is neither a specified society nor a notified society. Despite the term of the previous Managing Committee being over, no elections were held and, therefore the Registrar appointed respondent No. 4 as an Election Officer for holding the elections of the Managing Committee of the respondent No. 2-Society. Accordingly the elections were held on or about 24th June, 1998.

(2.) THE learned Advocate for the petitioners states that no election rules framed under the Maharashtra Co-operative Societies Act or the Rules framed thereunder in respect of societies which are not specified or notified societies. The procedure of election is governed by the bye-laws of the respective societies, as in the case of respondent No. 2.

(3.) THE petitioners were elected members of the Managing Committee in the election held on 24th June, 1998. They had formed a panel and requested the Election Officer to allot them a common symbol. There were in all eleven vacancies which were divided into five groups/categories. Category No. 1 consisted of the borrower members of the society and there were six vacancies in this category. In the second category, there were two vacancies for women. For the remaining three categories viz. non borrower, weaker section and backward class members, there was one vacancy each. All the voters were expected to cast six votes in respect of borrower members category, two votes in respect of women members category and one vote each in respect of other three categories. The other candidates did not ask for a common symbol, but asked for different symbols as can be seen from the application annexed at page 18 to the petition. Despite this, for the other candidates, who also formed two different panels, two symbols were allotted to them. Symbol "mango" was allotted to one panel and "weighing Scale" was allotted to another panel. The petitioners panel was allotted a common symbol "umbrella". The panel which was represented by the symbol "umbrella" was elected.