PANDURANG NATHA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is the admitted position that the grounds on which the nomination paper of the petitioner, who wanted to be a member of the managing committee of the 3rd respondent Society, was rejected were the very same grounds as were given in Writ Petition No. 704 of 1979. In this case both the proposer and the seconder were supposed to be defaulters. We have held in Writ Petition No. 704 of 1979 that this alleged disability of the proposer and the seconder is irrelvant and under Rule 58 of the Maharashtra Co-operative Societies Rules, 1961,the disqualification is limited only to the candidate. For the same reasons as are indicated in our judgment in Writ Petition No. 704 of 1979, the Rule is made absolute in terms of prayers (b) and (c).

(2.) The parties, however, are directed to bear their own costs of the writ petition.

(3.) It is made clear that the relife given is in respect of the nomination paper of the single petitioner before us only.