GEETA SHIRISH CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, taken up for hearing.

(2.) This petition is directed against the judgment and order passed by the divisional Commissioner, Konkan Division Mumbai in Appeal No. Desk/eln-194 of 2005 dated 14-9-2005.

(3.) Brief facts necessary for deciding the issue are stated as under : the petitioner contends that the elections to the Managing Committee of maharashtra State Co-operative Milk Mahasangh Limited Mumbai were to be held. According to the election programme, the filing of nomination paper was started from 5-9-2005. The scrutiny was to be held on 8-9-2005. The date of withdrawal of nomination was 23-9-2005 and the polling was scheduled on 11-10-2005. The petitioner - Sow Geeta Shirish Chaudhari filed her nomination paper. Respondent No. 6 - Mahendrasing Nimba Pawar also filed his nomination paper with the Returning Officer - respondent No. 3 herein. The petitioner contends that respondent No. 6 has been held to be disqualified as per the provisions of section 73ff read with section 78 of the Maharashtra Co-operative societies Act, 1960 (hereinafter referred to as "the Act 1960") by the Assistant registrar Co-operative Societies (Dairy) , Jalgaon as he was held to be a defaulter on 31-3-2003 for an amount of Rs. 50,550/ -. An order was passed by the assistant Registrar Co-operative Societies (Dairy) Jalgaon on 25-8-2005 disqualifying respondent No. 6 from the Managing Committee of respondent no. 5 - Warkhede (Bk) Dudh Utpadak Co-operative Society Limited Warkhede (Bk) , Taluka Chalisgaon, District Jalgaon. It was further contended that the secretary of respondent No. 5 - Society certified that respondent No. 6 had committed default in payment of an amount of Rs. 25,000/- of the goods purchased from the said Society and thus respondent No. 6 is defaulter for the said amount. It is the contention of the petitioner that the Returning Officer, after going through the objection raised by the petitioner and the relevant order and documents produced along with the objection, was pleased to pass order on 9-9-2005 holding that respondent No. 6 is disqualified as he was a defaulter of respondent No. 5 society. It is contended that the Returning Officer has also considered the order passed by the Assistant Registrar Co-operative Societies (Dairy) Jalgaon wherein respondent No. 6 was held to be disqualified by resorting to the provisions of section 73ff of the Act, 1960. Based on these pleadings, the petitioner submitted that respondent No. 6 is disqualified to contest the said election.