ARUN JAISING GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) P .C. By this petition, the petitioners challenge an order passed by the Addl. Commissioner, Pune Division, Pune, in an appeal filed by the petitioners under section 152-A of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the "Act").

(2.) ELECTIONS to the Managing Committee of Ghodganga Sahakari Sakhar Karkhana Ltd. are being held. For that election, the petitioners had filed their nomination papers. Those nomination papers were rejected by orders passed by the Returning Officer dated 30.7.2002. The petitioners filed appeals under section 152-A of the Act challenging the Order of the Returning Officer rejecting the nomination papers of the petitioners. In that appeal, admittedly, all candidates whose nomination papers have been accepted were not joined as parties. An objection was raised as to the maintainability of the appeal on that ground. Therefore, on 8.8.2002 an application was moved for amending the appeal to join other nominated candidates as parties. However, that application has been rejected and by Order dated 8.8.2002 the appeals were dismissed on the ground that all nominated candidates have not been joined as parties. It is this order of the Addl. Commissioner which is impugned in this petition.

(3.) IN order to appreciate the submission of the learned counsel, it is necessary to refer to the provisions of Section 152-A which reads as under: