KRISHNA BHAGOJI POTLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Shri Bagla Ld. Asst. Government Pleader waives service on respondent nos.1 to 3. Shri Borulkar, ld. counsel waives service on respondent nos. 4 and 5. By consent of the parties Rule heard forthwith.

(2.) Five persons who are admittedly members on the panch committee of their respective societies, have challenged the decision of the returning officer, rejecting their nomination for election to the Mangaon Taluka Shetkari Sahakari Sale and Purchase Sangh Ltd which is an apex society. The sole ground on which the nomination has been rejected, although their names had appeared in the voters list, is that the societies which all these five persons wanted to be represented do not possess 20 fully paid shares as on 31st March of the previous year.

(3.) Shri Gavanekar challenged the bye-law i.e. bye law No.38(3)(a) as being ultravires the provisions of the Co-operative Societies Act.