(1.) HEARD Shri raghuwannshi for the petitioner, Shri Salunke for respondent No. 3, learned A. G. P. for respondent Nos. 1, 2 and 5 and Shri Bagul for respondent No. 7.
(2.) BEING aggrieved by the order passed by the Additional Divisional Commissioner at aurangabad on 8th July, 2004 in Election petition No. of 2002, the petitioner has filed this petition under Articles 226 and 227 of the Constitution. By the said decision, the election petition, filed by the present respondent no. 3, came to be allowed and the petitioner came to be unseated as a member of the Managing Committee (Board of Directors) of the respondent No. 7 Bank ie. the District Central Co-operative Bank, Parbhani.
(3.) ON or about 8th of March, 2001 one of the sitting members of the Managing Committee of vividh Karyakari Seva Sahakari Society, Lasina vacated his post and in his place the petitioner came to be co-opted on 24th march, 2001 as a member of the said village level society which, in turn, is a member of the federal society viz. the respondent No. 7. On 26th September, 2001, he came to be nominated as a delegate of the Lasina Society for being a voter of the respondent No. 7 federal society. Elections for the managing committee of respondent No. 7 federal society were announced on 1st July, 2002 and on 8th of july, 2002 the petitioner had filed his nomination form for the said elections from the vividh Karyakari Seva Sahakari Society Ltd. , sonpeth circle. While the scrutiny of the nomination form was taken up on 11th July, 2002 the respondent No. 3 had taken objection to the petitioner's nomination contending that he was disqualified as he was held liable for causing losses to the respondent No. 7 Bank under section 88 of the Maharashtra Co-operative Societies Act, 1960 (the Act, for short ). However, this objection was overruled and the petitioner contested the elections and was declared elected on 10th of August, 2002. The respondent No. 3, therefore, filed Election Petition No. 8 of 2002 before the respondent No. 2 under section 144-T of the Act. This petition has been allowed by the impugned order.