VIJAYABAI BALASAHEB LELKAR Vs. AMOL BAPURAO KOKANE

JUDGEMENT

(1.) THE legality and validity of the elections of the members of managing committee of respondent/Takli Bhan Vividh Karyakari Seva Society Taklibhan, Tq. Shrirampur (hereinafter referred as to the ''Society '' for the sake of brevity) is the subject matter involved in the present petitions.

(2.) THE elections of the said Society were held on 03rd April, 2011 for the term 2010 -11 to 2015 -16. The said elections were held pursuant to the byelaws of the society, wherein the right of the non borrowing members were restricted i. e. non borrowing members were prohibited to cast vote to the reserved category candidates. There are total 13 members of the managing committee, out of said 13 members, 5 are from reserved category i. e. women, other backward class, nomadic tribes, scheduled caste and scheduled tribe. The respondents herein filed dispute U/Sec. 91 of the Maharashtra Cooperative Societies Act (hereinafter referred as to the ''Said Act '' for the sake of brevity) basically challenging the election of the reserved category members. The Cooperative Court allowed the dispute and set aside the election of the reserved category members. The members who were elected from the reserved category filed appeal before the Cooperative Appellate Court. The Cooperative Appellate Court allowed the appeal, however, went one step further and set aside the complete election of the managing committee. The Writ Petition No.6587/2013 is filed by the members elected from the reserved category and Writ Petition No.6537/2013 is filed by the members elected from the open category, whose election is set aside by the Cooperative Appellate Court.

(3.) MR . Karpe, the learned counsel for the petitioner in Writ Petition No.6587/2013 during the course of his lucid arguments put forth following propositions.