LAWS(BOM)-1978-6-51

ASRAM MARUTI PATHE Vs. A A ADARI

Decided On June 12, 1978
ASRAM MARUTI PATHE Appellant
V/S
A.A.ADARI Respondents

JUDGEMENT

(1.) Elections to the managing committee of respondent No. 2 Gangapur Sahakari Sakhar Karkhana Ltd., Gangapur, were held on 15th November, 1977. The Managing Committee under the bye-laws consists in all of 11 elected members. Ten members are elected from the individual members-constituency, while 1 member of the managing committee is elected from the constituency of the society members. Respondent No. 22 is a District Co-operative Bank duly registered in Aurangabad under the Co-operative Societies Act. The Bank contributed capital of respondent No. 2 society to the tune of Rs. 25000/-. The said Bank also was admitted to the membership of respondent No. 2 Society as before as December, 1968, on compliance with all the formalities by it required in this behalf. The petitioner was the nominee of the said respondent No. 22 Co-operative Bank and as such nominee filed his nomination paper as a candidate at the above elections for the Managing Committee of respondent No. 2 Society. There were two other nominations, apart from the petitioner, respondent No. 3 being one of them. Both these candidates challenged the legality of the petitioners nomination on the ground that he as well as his nominating Bank were the defaulters. This objection was over-ruled and the petitioners nomination was accepted. Nominations of the other two candidates were rejected. The result was that the petitioner was declared as elected unopposed.

(2.) Respondent No. 3 and one of the voters respondent No. 4, challenged the validity of the election by an application to the Commissioner of Aurangabad respondent No. 2 being a specified society, the Commissioner alone is competent to adjudicate such election disputes under section 144-P of the Maharashtra Co-operative Societies Act. One of the points raised in the election petition was that respondent No. 22 was not qualified to be a member of the society and as such nomination of the petitioner as a candidate for election proposed by respondent No. 22 was not filed. By his impugned order dated 15-11-1977 the Commissioner allowed the election petition on the ground and set aside the election of the petitioner. Validity of this order of this Commissioner is challenged in this petition under Article 226 of the Constitution.

(3.) Mr. Y.R. Naik, the learned Advocate appearing for the petitioner contends that the Commissioner was not competent to inquire into the validity and legality of the membership of respondent No. 22 in an application raising election dispute under section 144-P of the Co-operative Societies Act. According to Mr. Naik, the list of voters is open to challenge under Rules 4 and 6 of the Election Rules framed for the election of the specified co-operative societies. The voters list is declared as final, once the said stage is finalised. Mr. Naik, therefore, contends that it was not open for the Commissioner to go behind the voters list in which respondent No. 22 was listed as a competent voter and held the nomination of the petitioner to he invalid on that ground.