ANNASAHEB BHAGWAD DEVKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the orders impugned, the Returning Ofcer has rejected the nomination forms of the petitioners, fled by them to contest the elections of Managing Committee / Board of Directors of Shri Makai Sahakari Sakhar Karkhana, Bhillarwadi, on the ground that, they are not eligible to contest the elections as they do not fulfll the eligibility conditions prescribed under the bye-laws of the society in question. However, it appears that, while doing so the Returning Ofcer had not granted opportunity to the petitioners to explain to him that they fulfll the eligibility conditions prescribed under the bye-laws or that those conditions are not applicable to them.

(2.) In that view of the matter, the impugned orders are set aside.

(3.) The petitioners shall remain present before the Returning Ofcer on 9/6/2023 at 11.00 a.m. The Returning Ofcer shall hear them and shall pass fresh orders as early as possible, on it's own merits.