VISHWANATH Vs. COLLECTOR WARDHA

JUDGEMENT

(1.) By this petition, election of nine members of the Managing Committee of Ashti Sahakari Shetki Kharedi Vikri Samiti Limited, Tahsil Ashti, District Wardha is challenged on the ground that the election programme itself was void on account of failure to simultaneously hold election for two reserved seats under section 73-B of the Maharashtra Cooperative Societies Act (the Act).

(2.) The facts lie in a narrow compass and are these : The petitioner No. 1 Vishwanath Chopde was a voter and petitioner No. 2 Deepak Bokade was a defeated candidate at that election, programme for which was issued on 6th January, 1987. Result was declared on 16th February and this petition came to be filed on 20th February. It came up for hearing on 23rd February, 1987 when notice before admission was issued and by interim order election of Chairman and Vice Chairman of the Society was stayed. First respondent Collector, Wardha has made a statement in the return that the fresh election programme for two reserved seats will be issued shortly and unless further procedure laid down in section 73-B is followed, the election of the Chairman and vice- Chairman will not be held.

(3.) The question mark before us in this background is should we in writ jurisdiction tinker with the election process already undergone at this stage at the behest of parties who have participated at the election took their chance in the same and have approached only because they or their group have lost.