PANDURANG HINDURAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India raises an important question as to whether the wrongful rejection or acceptance of a nomination paper by a Returning Officer appointed for conducting an election of members of a managing committee to be constituted under Section 73 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act") can be challenged under Article 226 of" the Constitution.

(2.) The co-operative society in the instant case is known as Arjunwada Vividh Karyakari Seva Sahakari Society Ltd., which was registered under the Bombay Co-operative Societies Act, 1925, and is now deemed to be registered under the Act. The main business of the society consists of providing loans, fertilizers, seeds and other agricultural implements to the agriculturists-members. The day to day management of the Society is vested in a Manageing Committee duly constituted by virtue of the provisions of Section 73 of the Act which provides that the management of every society shall vest in a committee constituted in accordance with the Act, the Rules and the Bye-laws.

(3.) The election programme for the election of members of the Managing Committee was declared by the present Managing Committee, according to which, the last date for filing nominations was 16th August 1982 ; the date for scrtiny of nominations was 19th August 1982 ; the date for publication of valid nomination was 20th August 1982 and the date for voting, counting and declaration of results was 2nd September 1982.