AMIT Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . By consent, rule made returnable forthwith and heard the parties finally.

(2.) IN this batch of petitions, petitioner questions legality and propriety of the orders dated 24 -03 -2015 passed by election officer overruling objections taken by petitioner to nomination of respondents no. 4 in respective writ petitions on the ground that said respondents do not qualify to eligibility criteria as contained in bye -law no.40 of model bye -laws of a primary (urban) co -operative bank (State of Maharashtra) adopted by respondent no. 3 -bank. (hereinafter, for brevity, 'model bye -laws' are referred to as "the bye -laws").

(3.) MR . V.D. Hon, learned senior advocate, leading the arguments, submits that the impugned order suffers non application of mind to the objections taken by the petitioners to nomination of respective respondents no. 4. Respondents no. 4's share holding on the relevant date i.e. 23 -03 -2015 is far below the requirement of holding minimum shares of Rs. 10,000/ -. He takes support of the affidavit filed by respondent no.3 -bank referring to that at the end of 23 -03 -2015, share holding of respondents no. 4 was less than Rs. 10,000/ -. He submits, 23 -03 -2015 being the relevant date as per the election programme and on that date respective respondents no. 4 having not met with criterion of being holders of minimum shares, acceptance of their nominations is not only defective but is also illegal and untenable.