LAWS(BOM)-1997-12-90

SHAHAJI GOVINDRAO POL Vs. TISANGI SARVA SEVA SAH

Decided On December 03, 1997
Shahaji Govindrao Pol Appellant
V/S
Tisangi Sarva Seva Sah Respondents

JUDGEMENT

(1.) THIS petition is not on board for final hearing today. However, with the consent of the parties it is taken up for final hearing. Heard finally.

(2.) BY this petition, the petitioner challenges the rejection of his nomination paper for the post of member of the Managing Committee of the Respondent No.1 Society. The nomination paper of the petitioner has been rejected by the Returning Officer of the Respondent No.1 Society on two grounds :- one, that the petitioner did not mention in his nomination paper the constituency from which he was contesting the election and that the petitioner was a member of Managing Committee for the earlier period of the respondent No.1 society and his membership of Managing Committee was cancelled by the Respondent No.1 Society on 27.5.1994 and therefore, he is disqualified to be a candidate for the fresh election. The order dt. 27.5.94 has been confirmed in appeal by the Assistant Registrar of the Society. So far as the second ground is concerned, it is clear that according to the provisions of bye law No.40 of the bye-laws of the respondent No.1 society, a member of the managing committee on remaining absent for three consecutive meetings of the Managing Committee without satisfactory explanation is disqualified to be a member of the Managing Committee and he ceases to be the member. However, there is no provision in the bye laws laying down that such a person incurs a further dis-qualification for seeking re-election as member of the Managing Committee. No such provision is brought to my notice by the learned counsel appearing for the respondents and therefore, the rejection of the nomination paper of the petitioner on this ground is obviously erroneous.

(3.) IN the result, therefore, the petition succeeds and is allowed. Both the orders impugned in this petition are set aside. The Returning Officer-Respondent No.2 is directed to accept the nomination paper of the petitioner and allow him to contest the election from 'A' general constituency. The petitioner may be permitted by the respondent-Returning Officer, to withdraw his nomination paper within 3 days from today, if he chooses to do so. Polling may be held as scheduled on 20.12.1997. Rule is made absolute accordingly with no order as to costs.