BABASAHEB BHIMRAO MAGDUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of parties.

(2.) The present writ petitions takes exception to order dtd. 3/4/2025 passed by Co-operative Election Authority/respondent no.4 under Sec. 45 K(1) of Multi-State Co-operative Societies Act, 2002 (for short 'Act of 2002'), thereby disapproving election of respondent no.7/society on the ground that bye-laws on the basis of which elections were conducted are inconsistent with Act and Rules framed thereunder.

(3.) The respondent no.7 is a registered Multi-State Co-operative Society. Since elections of society were due, a communication was made to Chairperson for conducting election of respondent no.7/society. The respondent no.4/authority appointed District Collector as Returning Officer for elections. On 5/12/2024, Returning Officer was pleased to publish election program. On 17/12/2024, Resident Deputy Collector and Assistant Registrar of Cooperation was appointed as Assistant Returning Officer. On 27/12/2024, Returning Officer published provisional list of members/delegates eligible for voting. On 4/1/2025, final list of voters was published. From 6/1/2025 to 9/1/2025, total 104 nomination forms were received. On 10/1/2025, scrutiny of nominations was undertaken, in which 48 nominations were rejected by Returning Officer. On 11/1/2025, 24 members withdrawn their nominations, whereas 15 double nominations were found. As such, final list of 17 valid candidates published. Since total number of seats to be elected were 17 same as candidates remained in final list, elections were considered unopposed. Eventually, Returning Officer sent Form under Rule 19-M (1)(14) for approval for declaration of election result to authority. However, respondent no.4/Election Authority passed impugned order dtd. 3/4/2025.