NAMDEO GOVINDRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Often there is talk about sickening law delays. One contributing factor is 11 ill drafted legislations. This case aptly proves this point and that "in drafting, it is not enough to gain a degree of precision which a person reading in good faith can understand but it is necessary to attain if possible, a degree of precision which a person reading in bad faith cannot misunderstand."

(2.) The Latur Taluka Sahakari Kharedi Vikri Sangh Limited, Latur is a specified society within the meaning of section 73-G of the Maharashtra Co-operative Societies Act, 1960 (the Act for short). Elections of the Board of Directors of this federal society had become due for the year 1982-83, Board consists inter alia of 8 representatives of the affiliated Co-operative Societies. The election to the Board is governed by Chapter XI-A of the Act and the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 (the rules for short). Election process was started by preparing a provisional list of voters from different constituencies under Rule 4 of the rules. After considering objections, list was finalised under Rule 7 on 16th August, 1982. Election programme as contemplated under Rule 16 was published thereafter. In all 28 nomination papers were received for the 8 seats reserved for constituency of member-societies. Eight petitioners and respondents Nos. 3 to 5 had also submitted nomination papers. In the scrutiny, the Returning Officer respondent No. 6 rejected nomination papers of respondents Nos. 3 to 5 as they were not accompanied by copies of resolutions of the Committee of affiliated societies seconding their proposal, as was done in the case of nomination papers of the petitioners. Amongst those who were validly nominated were the petitioners who ultimately emerged successful in the election. Election petition as provided under section 144-T read with Rule 74 of the rules was filed before the Divisional Commissioner, Aurangabad, by respondents Nos. 3 to 5. The Divisional Commissioner came to the conclusion that all the 28 nomination papers were invalid in the absence of a seconder as provided by the rules prevailing at the relevant time. He set aside the whole election, ordered fresh election and directed refixation of election programme from the date of calling the nomination papers. The correctness and validity of this order dated 14th November, 1983 Exhibit A is questioned in this petition.

(3.) It seems to us that the order is correct and needs no interference. Admitted position is that the nominations papers supplied by the Returning Officer as required by Rule 6 were as per old Form II prescribed under Rules as they stood before their amendment by the Maharashtra Specified Co-operative Societies Election to Committees (Amendment) Rules, 1980 (The Amendment Rule for short). By the Amendment Rules, Rules 5(2), 6, 18(3), 19 and Form II were changed. The original Rules 5(2), 18(3) and (3-A) read as under :---