BHUJANGRAO NARAYANRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THERE involves an interesting point of law in this writ petition.

(2.) THIS writ petition is directed against the rejection of nomination form of the petitioner by the Returning Officer, Respondent No. 4 of Service co-operative Society, Bhokar Taluka Bhokar District Nanded (for short, the society ). The petitioner is the member of the society. The petitioner was the chairman of the society. The Respondent No. 4 is appointed as the Returning Officer to hold the elections to the Managing Committee of the Society. The petitioner submits that his nomination form rejected by the Returning Officer on the ground that the petitioner who was removed as the member of the said society by the Registrar under section 78 (1) of the Maharashtra Co-operative societies Act, 1960 (for short, the Act), was not eligible to be re-elected as a member of the society till the period of expiry of next full term of the committee from the date on which he has been so removed.

(3.) IN this context, it is necessary to set out a few facts which are germane to the question involved in this petition. The Respondent No. 3, the Assistant Registrar. Co-operative Societies, Taluka Bhokar, issued the show cause notice dated 6-4-1994 to the petitioner as the Chairman of the managing Committee of the society in exercise of his powers under section 78 (1) of the Act. By his order dated 17-5-1994 the Assistant Registrar, co-operative Societies, superseded the Managing Committee of the society under section 78 (1) (a) (i) of the Act.