RAMCHANDRA GANPAT NIMBALKAR Vs. MUMBAI SAHAKARI BOARD LTD

JUDGEMENT

(1.) The respondent No. 1 is a Co-operative Society registered under the Maharashtra Co-operative Societies Act, 1960 and is managed by the Board consisting of 12 elected members from (i) Co-operative Society's Constituency and (ii) elected members from individual members Constituency. There are also co-opted and nominated members on the Board. The membership of respondent No. 1 consists of Co-operative Societies and the individual members.

(2.) On' October 11, 1983, the respondents published a notice of the Annual General Boby Meeting and one of the item in the notice was in respect of the Election to be held for constituing the Managing Committee. The election programme issued as per the Circular provided that the last date for filing the nomination was October 1983 and the date of scrutiny was November 2, 1983. The final list of the contesting candidates was to be published on November 4, 1983 and the polling was to be held on November 12, 1983 between 9 a.m. and 5 p.m. The respondent No. 2 was appointed as the Returning Officer. The petitioner has been nominated and authorised by-two Co-operative Societies to participate and vote in the election of respondent No. 1. The petitioner is a Practising Advocate and is taking active interest in the Co-operative movement and is connected with several Co-operative Institutions. The petitioner claims that on November 12, 1983 before 9 a.m. several voters including the petitioner were present at Dhanur Building, Sir P.M. Road, Bombay, for casting the votes.

(3.) At about 8.30 a.m., i.e. hardly half an hour before the commencement of the Poll, Shri Katakdhond, District Deputy Registrar, Co-operative Societies, Bombay, delivered a letter to respondent No. 2, Returning Officer, informing that respondent No. 3, the Deputy Secretary to the Government of Maharashtra, had issued a directive dated November 11, 1983 to the Chairman/Returning Officer that the election should be postponed till further orders of the Government. The petitioner and some other voters protested against the action of the State Government claiming that the State Government had no authority to direct postponement of the Poll. Inspite of the objection, the Returning Officer put up a notice stating that the elections are postponed. The petitioner, thereafter, sought the order passed by the Deputy Secretary to the Government and the copy of the order is annexed as Ex. 'A' to the petition. The order recites that the State Government has received complaints about the preparation of the Voters' List and the conduct of the election programme which may vitiate the proper conduct of the election of the Board of the Directors. The Government felt that the complaint requires investigation and, therefore, has directed that the election should be postponed until further orders of the Government. The petitioner, feeling aggrieved by the action of the State Government communicated through the Deputy Secretary, has preferred this petition under Article 226 of the Constitution of India on December 19, 1983. The petitioner complains that the action of the State Government is wholly illegal and is required to be set aside.