MADHUKAR K PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A very short point is involved in this petition which is ordered to be that of the 1st petitioner, one Madhukar Krishnaji Patil. The 1st petitioner is a member of the 3rd respondent, viz. Shri Balbhim Vividh Karyakari Sahakari Vikas Seva Sanstha Limited at Malge Khurd, Taluka Kagal, District Kolhapur. The election programme was announced and the 1st petitioner was proposed as a candidate and the proposal was duly seconded as required by the bye-laws of the said Society. By the impugned decision dated 6th March 1979, the 1st petitioner was informed that his nomination paper was rejected on the ground that his proposer was a defaulter in respect of the claim of Shri Oatta Sahakari Doodh Vyavasayik Sanstha, Malge Khurd. A copy of the order rejecting the 1st petitioner's nomination is annexed as Exhibit C to the writ petition.

(2.) Mr. Rege on behalf of the petitioner has contended that this is total misapplication of Rule 58 of the Maharashtra Co-operative Societies Rules. 1961, which provides for disqualification for membership of such committees; and ground (a) thereunder pertains to the alleged default of the candidate and not with that of either his proposal or seconder. Rule 58 (1), which is material for our purpose, reads as follows :

(3.) If the said rule is applied, it is clear that the impugned order cannot be sustained as the ground is beyond that contemplated by Rule 58(1).