ANNASAHEB PIRAJI KHOT Vs. COLLECTOR OF KOLHAPUR

JUDGEMENT

(1.) This is a petition for setting aside an ex-parte order passed by the Additional Divisional Commissioner in an election dispute under the Maharashtra Co-operative Socbtiss Act, 1960.

(2.) Respondent No. 3 is a Bank, which is a specified Society. Elections to the Committee of that specified society were held by the Collector under Section 144-T of the Maharashtra Co-operative Societies Act. The present dispute relates to the Constituency consisting of the Member-Society. Out of the eleven members of the Board of Directors, seven were to be returned by this Constituency of the Co-operarative Members Society. The Petitioner and Respondents No. 4 to 8 were the candidates for that election. In due course Respondents Nos. 4 and 5 were declared elected. Being aggrieved, the present Petitioner raised an election dispute before the Additional Commissioner by his application dated 5th February 1979. The first date returnable in that Application was 26th March 1979 before the Additional Commissioners Respondents No. 9. The Respondents were served an appeared but asked for time to file written statement to the Election Petition filed before the Additional Commissioner. That application was granted, and the case was adjourned to 17th April 1979. On that day all the Respondents remained present, and Respondants Nos. 4 and 5 filed their written statement for which they had sought an adjourment earlier. Neither the Petitioner nor his Advocate was present. The learned Additional Commissioner heard the arguments on behalf of Respondents 4 and 5, who are the contesting Respondents, and adjourned the matter to 19th April 1979, for passing orders.

(3.) In the meanwhile, on 18th April 1979 the Advocate for the Petitioner, who was representing him, reached the Commissioner's Office and made an application requesting the Commissioner to set aside the ex-parte hearing which had already taken place and to permit him to lead evidence alter framing specific issues. As the order side could not be present, he issued a notice of this Application to the other side, viz., Respondents Nos. 4 and 5. That Application itself was heard in due course on 5th May 1979. An Order was sudsquently passed on 10th May 1979 by the Additional Commissioner, by which he rejected tha permission for setting aside the ex-parte hearing and grant a regular hearing. He also passed an order dismissing the original Election Petition. Being aggrieved by such an order, the Petitioner has filed this Writ Petition.