Writ Petition No. 12241 of 2022 · Bombay High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.12241 OF 2022 Pramod s/o Pandurang Patil Age 53 years, Occupation Agri., R/o Bhambare Tq. Chalisgaon, Dist. Jalgaon. ...Petitioner 1) 2) 3) 4) 5) 6) VERSUS The District Deputy Registrar, Co-operative Societies, Jalgaon, Dist. Jalgaon. The Returning Officer, Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon/ The Assistant Registrar, Co-operative Society, Chalisgaon Tq. Chalisgaon Dist. Jalgaon. Udaysingh Mohan Patil, Age 65 years, Occupation Agri., R/o Umbarkhed, Tq. Chalisgaon Dist. Jalgaon. Panditrao s/o Arjunrao Pawar, Age 60 years, Occupation Agri., R/o Takali, Tq. Chalisgaon, Dist. Jalgaon. Bhagatsing s/o Narsing Pawar, Age 62 years, Occupation Agri., R/o Laxminagar, Tq. Chalisgaon, Dist. Jalgaon. Ravindra s/o Shankar Pawar, Age 60 years, Occupation Agri., R/o Takali, Tq. Chalisgaon, 2 12241-2022 7) 8) 9) 10) 11) Dist. Jalgaon. Bhimrao s/o Madhavrao Pawar, Age 60 years, Occupation Agri., R/o Dahivad, Tq. Chalisgaon, Dist. Jalgaon. Panditrao s/o Madhavrao Patil, Age 61 years, Occupation Agri., R/o Tamgavhan, Tq. Chalisgaon, Dist. Jalgaon. Pandurang s/o Patilbuva Patil, Age 62 years, Occupation Agri., R/o Don, Tq. Chalisgaon, Dist. Jalgaon. Pramod s/o Pandurang Patil, Age 61 years, Occupation Agri., R/o Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. Pradiprao s/o Bhaskarrao Patil, Age 60 years, Occupation Agri., R/o Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. 12) Bhaidas s/o Anandrao Patil, Age 62 years, Occupation Agri., R/o Hirapur, Tq. Chalisgaon, Dist. Jalgaon. 13) Bhausaheb s/o Maharu Patil, Age 61 years, Occupation Agri., R/o Hirapur, Tq. Chalisgaon, Dist. Jalgaon. 14) Bhaiyasaheb s/o Bajirao Patil, Age 62 years, Occupation Agri., R/o Daregaon, Tq. Chalisgaon, Dist. Jalgaon. 3 12241-2022 15) Maharu s/o Parshram Patil, Age 60 years, Occupation Agri., R/o Pantonda, Tq. Chalisgaon, Dist. Jalgaon. 16) Murlidhar s/o Barku Patil, Age 62 years, Occupation Agri., R/o Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. 17) Madhukar s/o Murlidhar Patil, Age 61 years, Occupation Agri., R/o Deli, Tq. Chalisgaon, Dist. Jalgaon. 18) Vasantrao s/o Ramrao Patil, Age 62 years, Occupation Agri., R/o Malshevaga, Tq. Chalisgaon, Dist. Jalgaon. 19) Balasaheb s/o Bhaurao Patil, Age 60 years, Occupation Agri., R/o Hirapur, Tq. Chalisgaon, Dist. Jalgaon. 20) Ashok s/o Deoram Patil, Age 62 years, Occupation Agri., R/o Malegaon Road, Tq. Chalisgaon, Dist. Jalgaon. 21) Ajit Sing s/o Onkar Patil, Age 61 years, Occupation Agri., R/o Bhavali, Shahunagar, Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. 22) Anandrao s/o Lotan Patil, Age 62 years, Occupation Agri., R/o Bhadgaon Road, Near Bhushan Mangal Karyalaya, Tq. Chalisgaon, 4 12241-2022 Dist. Jalgaon. 23) Ramrao s/o Govindrao Patil, Age 61 years, Occupation Agri., R/o Malshevage, Tq. Chalisgaon, Dist. Jalgaon. 24) Ravan s/o Ananda Patil, Age 60 years, Occupation Agri., R/o Alwadi, Tq. Chalisgaon, Dist. Jalgaon. 25) Rohidas s/o Lala Patil, Age 61 years, Occupation Agri., R/o Bahal, Tq. Chalisgaon, Dist. Jalgaon. 26) Rajendra s/o Babulal Patil, Age 61 years, Occupation Agri., R/o Alwadi, Tq. Chalisgaon, Dist. Jalgaon. 27) Sheshrao s/o Ramrao Patil, Age 60 years, Occupation Agri., R/o Kodgaon, Tq. Chalisgaon, Dist. Jalgaon. 28) Shenfadu s/o Nimba Patil, Age 62 years, Occupation Agri., R/o Patoda, Tq. Chalisgaon, Dist. Jalgaon. 29) Hansraj s/o Vadamrao Patil, Age 62 years, Occupation Agri., R/o Saygaon, Tq. Chalisgaon, Dist. Jalgaon. 30) Yashwant s/o Manik Patil, Age 60 years, Occupation Agri., R/o Pimpri, Tq. Chalisgaon, Dist. Jalgaon. 5 12241-2022 31) Yashwantrao s/o Ragho Patil, Age 61 years, Occupation Agri., R/o Takali, Tq. Chalisgaon, Dist. Jalgaon. 32) Vikas s/o Panditrao Patil, Age 62 years, Occupation Agri., R/o Gudhe Bhadgaon, Tq. Chalisgaon, Dist. Jalgaon. 33) Dinkarrao s/o Daulat Patil, Age 60 years, Occupation Agri., R/o Malegaon Road, Tq. Chalisgaon, Dist. Jalgaon. 34) Govindrao s/o Ramrao Patil, Age 61 years, Occupation Agri., R/o Malshevage, Tq. Chalisgaon, Dist. Jalgaon. 35) Sanjay s/o Ratan Sing Patil, Age 62 years, Occupation Agri., R/o Jamda, Tq. Chalisgaon, Dist. Jalgaon. 36) Sahebrao s/o Bhikanrao Patil, Age 62 years, Occupation Agri., R/o Shrasgaon, Tq. Chalisgaon, Dist. Jalgaon. 37) Somsing s/o Shankar Patil, Age 61 years, Occupation Agri., R/o Aadarsh Nagar, Tq. Chalisgaon, Dist. Jalgaon. 38) Sudhir s/ Pundlik Patil, Age 60 years, Occupation Agri., R/o Sane Guruji Nagar, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 6 12241-2022 39) Dhanraj s/o Baburao Patil, Age 62 years, Occupation Agri., R/o Karajgaon, Tq. Chalisgaon, Dist. Jalgaon. 40) Bahinabai Udhavrao Patil, Age 61 years, Occupation Agri., R/o Brahman Shevage, Tq. Chalisgaon, Dist. Jalgaon. 41) Vikas s/o Pundlik Pakhale, Age 62 years, Occupation Agri., R/o Bahal, Tq. Chalisgaon, Dist. Jalgaon. 42) Nilkanth s/o Nathu Bhokare, Age 60 years, Occupation Agri., R/o Bahal, Tq. Chalisgaon, Dist. Jalgaon. 43) Sharad s/o Balkrushna Wani, Age 61 years, Occupation Agri., R/o Ghat Road, Tq. Chalisgaon, Dist. Jalgaon. 44) Barikrao s/o Rama Wagh, Age 62 years, Occupation Agri., R/o Dahiwad, Tq. Chalisgaon, Dist. Jalgaon. 45) Dharmraj s/o Rama Vahak, Age 62 years, Occupation Agri., R/o Dahivad, Tq. Chalisgaon, Dist. Jalgaon. 46) Pradip s/o Panditrao Borse, Age 60 years, Occupation Agri., R/o Gude, Tq. Chalisgaon, Dist. Jalgaon. 47) Ashok s/o Shankar Brahmankar, 7 12241-2022 Age 61 years, Occupation Agri., R/o Vrudavan Nagar, Bhadgaon Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 48) Pradip s/o Vasantrao Ahirrao, Age 62 years, Occupation Agri., R/o Malegaon Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 49) Babu s/o Shankar Rathod, Age 61 years, Occupation Agri., R/o Lonje, Tq. Chalisgaon, Dist. Jalgaon. 50) Ishwarsingh s/o Pratapsingh Rajput, Age 62 years, Occupation Agri., R/o Pimpari, Tq. Chalisgaon, Dist. Jalgaon. 51) Rajendra s/o Kedarsingh Rajput, Age 62 years, Occupation Agri., R/o Umbarkhed, Tq. Chalisgaon, Dist. Jalgaon. 52) Sonusingh s/o Pratapsingh Rajput, Age 60 years, Occupation Agri., R/o Pimpri, Tq. Chalisgaon, Dist. Jalgaon. 53) Narayan s/o Nathu Shelar, Age 61 years, Occupation Agri., R/o Bangaon, Tq. Chalisgaon, Dist. Jalgaon. 54) Dr. Sanjay s/o Gopalrao Deshmukh, Age 62 years, Occupation Agri., R/o Nagad Road, Tq. Chalisgaon, Dist. Jalgaon. 55) Dr. Naresh s/o Rangrao Deshmukh, 8 12241-2022 Age 60 years, Occupation Agri., R/o Kargaon Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 56) Dr. Vinayak s/o Yeshwant Chavan, Age 60 years, Occupation Agri., R/o Sane Guruji Nagar, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 57) Dr. Murlidhar s/o Bhimrao Patil, Age 62 years, Occupation Agri., R/o Old Kargaon Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 58) Suryakant s/o Ziparu Shinkar, Age 61 years, Occupation Agri., R/o Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. 59) Anil s/o Keshav Kotkar, Age 61 years, Occupation Agri., R/o Phule Colony, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 60) Madhukar s/o Eknath Kasar, Age 61 years, Occupation Agri., R/o Bazar Peth, Aadvade Bazar, Chalisgaon Tq. Chalisgaon, Dist. Jalgaon. 61) Arun s/o Bhimrao Nikam, Age 60 years, Occupation Agri., R/o Near Bhushan Mangal Karyalaya, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 62) Tatyasaheb s/o Pandharinath Nikam, Age 61 years, Occupation Agri., R/o Dhamangaon, Tq. Chalisgaon, Dist. Jalgaon. 9 12241-2022 63) Sanjay s/o Gulabrao Nikam, Age 62 years, Occupation Agri., R/o Pimpalgaon, Tq. Chalisgaon, Dist. Jalgaon. 64) Eknath s/o Hari Khalane, Age 61 years, Occupation Agri., R/o Dahivad, Tq. Chalisgaon, Dist. Jalgaon. 65) Kantabai Prabhakar Deokar, Age 62 years, Occupation Agri., R/o Deshmukh Galli, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 66) 67) Prakash s/o Dinkarrao Deshmukh, Age 60 years, Occupation Agri., R/o Engineers Colony, Hirarod, Chalisgaon Tq. Chalisgaon, Dist. Jalgaon. Prakashrao s/o Dadarao Deshmukh, Age 61 years, Occupation Agri., R/o Patonda, Tq. Chalisgaon, Dist. Jalgaon. 68) Murrarao s/o Baburao Deshmukh, Age 62 years, Occupation Agri., R/o Deshmukh Galli, Tq. Chalisgaon, Dist. Jalgaon. 69) Avinash s/o Fakirrao Deshmukh, Age 61 years, Occupation Agri., R/o Deshmukh Galli, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 70) Ajay s/o Gopalrao Deshmukh, Age 62 years, Occupation Agri., R/o Near R. K. Colony, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 10 12241-2022 71) Sham s/o Chhaganrao Deshmukh, Age 60 years, Occupation Agri., R/o Nagad Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 72) Kiran s/o Fakirrao Deshmukh, Age 61 years, Occupation Agri., R/o Bhadgaon Road, Tq. Chalisgaon, Dist. Jalgaon. 73) Kishor s/o Uttamrao Deshmukh, Age 62 years, Occupation Agri., R/o Bazarpeth Galli, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 74) Jijabrao s/o Baburao Deshmukh, Age 61 years, Occupation Agri., R/o _________, Tq. Chalisgaon, Dist. Jalgaon. 75) Sunil s/o Babanrao Deshmukh, Age 60 years, Occupation Agri., R/o ________, Tq. Chalisgaon, Dist. Jalgaon. 76) Suresh s/o Ramchandra Swar, Age 62 years, Occupation Agri., R/o Netaji Chowk, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 77) Shashikant s/o Bhaskarrao Salunke, Age 62 years, Occupation Agri., R/o Khedgaon, Dhule Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 78) Raosaheb s/o Jaywantrao Salunke, Age 60 years, Occupation Agri., R/o Khedgaon, Dhule Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 79) Prakash s/o Narayan Sonawane, 11 12241-2022 Age 61 years, Occupation Agri., R/o Kalmathu, Tq. Chalisgaon, Dist. Jalgaon. 80) Manohar s/o Damu Suryawanshi, Age 62 years, Occupation Agri., R/o Shahel Nagar, Tq. Chalisgaon, Dist. Jalgaon. 81) Amrutrao s/o Ramrao Suryawanshi, Age 61 years, Occupation Agri., R/o Takali, Tq. Chalisgaon, Dist. Jalgaon. 82) Sulochana Netaji Suryawanshi, Age 60 years, Occupation Agri., R/o Wakadi, Tq. Chalisgaon, Dist. Jalgaon. 83) Sahebrao s/o Sitaram Ghode, Age 62 years, Occupation Agri., R/o Wakadi, Tq. Chalisgaon, Dist. Jalgaon. 84) Bhaskar s/o Kashinathrao Chavan, Age 60 years, Occupation Agri., R/o Ranjangaon, Tq. Chalisgaon, Dist. Jalgaon. 85) Balashaeb s/o Vishwasrao Chavan, Age 61 years, Occupation Agri., R/o Nagar Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 86) Laman s/o Tejmal Chavan, Age 62 years, Occupation Agri., R/o Higone, Tq. Chalisgaon, Dist. Jalgaon. 87) Gorakhnath s/o Amrutrao Chavan, Age 60 years, Occupation Agri., 12 12241-2022 R/o Shirasgaon, Tq. Chalisgaon, Dist. Jalgaon. 88) Dhananjay s/o Yeshwantrao Chavan, Age 62 years, Occupation Agri., R/o Saneguruji Nagar, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 89) Appa s/o Mahadu Chaudhari, Age 61 years, Occupation Agri., R/o Jahagirdar Wadi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 90) Rajendra s/o Ramdas Chaudhari, Age 60 years, Occupation Agri., R/o Laxminagar, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 91) Dilip s/o Ramrao Chaudhari, Age 61 years, Occupation Agri., R/o Chaudhari Wada, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. 92) Kisanrao s/o Yeshwant Jorvekar, Age 62 years, Occupation Agri., R/o Bhadgaon Road, Takali, Tq. Chalisgaon, Dist. Jalgaon. ……………….
Legal Reasoning
Advocate for Petitioner : Mr. R. N. Dhorde, Senior Counsel i/b Mr. V. R. Dhorde, Advocate. GP for Respondents-State : Mr. D. R. Kale Advocate for Respondent No.2 : Mr. V. H. Dighe Advocate for Respondent No.3 : Mr. D. B. Thoke h/f Mr. R. S. Shinde. ………………. CORAM : ARUN R. PEDNEKER, J. 13 12241-2022 Date of Reserving The Judgment 14/12/2022 : Date of Pronouncing The Judgment : 16/12/2022 JUDGMENT : 1. By the present petition, the petitioner is challenging the legality and validity of the order dated 28/11/2022, passed by the respondent no.1/The District Deputy Registrar, Cooperative Societies, Jalgaon rejecting the appeal and confirming the order dated 21/11/2022, passed by the respondent no.2/The Returning Officer, Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon rejecting the nomination form of the petitioner for election to the members of Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon/ a co-operative society established under the Mumbai Co-operative Societies At, 1925. 2. It is contention of the petitioner that, he is the member of Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon. The said Kharjai vividh Karyakari Sahakari Society is the member of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon since its establishment. The petitioner contend that as he is 14 12241-2022 representative of the said Kharjai Society and he has voting rights to contest the election of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. The petitioner is included as voter in the election of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., as a representative of the member society. The petitioner had earlier also contested elections for the period 2007 to 2012 and was elected as member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. 3. The respondent no.2/Returning Officer had published the programme for finalization of the voters list, thereby publishing the provisional voters list calling objections for the same. The petitioner’s name was included as representative of said Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon and was finally included in the final voters list published by respondent no.2. After finalization of the voters list, the election programme came to be published from the stage of filing of the nomination. As per the said programme, the nominations were to be filled from 11/11/2022 to 17/11/2022. The petitioner being the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., and being entitled to contest election of member of the Managing Committee of Rashtriya 15 12241-2022 Sahakari Shikshan Prasarak Mandal Ltd., the petitioner filed nomination form from the general category and scrutiny was scheduled on 18/11/2022. 4. The respondent no.3 objected to the nomination form of the petitioner contending that, in view of the provisions of Section 73D of the M.C.S. Act, 1960, the petitioner has no right to contest the election for becoming Managing Committee member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. After considering the objection raised by the respondent no.3 and the response of the petitioner, the Returning Officer rejected the nomination form of the petitioner holding that the petitioner is not entitled to contest the elections for the Managing Committee in view of the bar under Section 73D of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as ‘M.C.S.Act, 1960). 5. The petitioner, thereafter, filed appeal before the respondent no.1/appellate authority under Section 152A of the M.C.S.Act of 1960. The respondent no.1 by order dated 28/11/2022 confirmed the order passed by the respondent no.2 and the same is impugned in the present petition. 16 12241-2022 6. It is the contention of the petitioner that both the orders of respondent nos.1 and 2 are illegal and in violation of provision of Section 73D of the Maharashtra Co-operative Societies Act, 1960. The petitioner is entitled to contest the elections as the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., but is not entitled to contest the election for post of chairman or President, as the post are “designated officer” post of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited. The reasons given by the respondent Nos.1 and 2 in their impugned order that the petitioner cannot contest the elections of member to the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited as from the members of the Managing Committee the “designted officer” is elected, and therefore, the bar under Section 70 is also applicable to the members of Managing Committee, is completely illegal and there is no bar to contest the elections as the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. 7. The learned Advocate for the petitioner relies upon the Clauses 9 and 26 of bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and contends that once the petitioner is 17 12241-2022 the ordinary member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon he is entitled to contest for the elections of member of the Managing Committee. It is the contention of the petitioner that the bar under Section 73D of the M.C.S.Act is applicable only to be appointed as “designated officer” unless the other society is federal society. In the instant case, the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon is not a federal society. Thus, there is bar for the petitioner only to be elected as a “designated officer” and not as a member of “Managing Committee”. 8. The word ‘designated officer’ is defined in Section 73A of the Maharashtra Co-operative Societies Act, as under :- “Section 73A :- ‘A designated officer’ means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include, any officer appointed or nominated by the State Government or by the Registrar.” Thus, the learned Advocate for the petitioner submits that he is barred from contesting the election of the President or the 18 12241-2022 Chairman of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon, and is not barred from becoming the member of the Managing Committee. 9. The learned Advocate for the petitioner further submits that he was earlier elected as member of the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and the same objection was taken on earlier occasion for previous term also and the same was rejected by the then Returning Officer. In view of the same, the learned Advocate for the petitioner submits that the petition may be allowed and the petitioner may be permitted to contest the election. 10. Per contra, the learned Advocate appearing for the respondent/objector submits that, there is a bar on the petitioner to become the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon itself. The respondent/objector further submits that even if it is held that the petitioner is entitled to become a member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, he cannot contest elections to the Managing Committee as he is not an individual member but a representative member of a society. Since he is representative member of the 19 12241-2022 Kharjai Vividh Karyakari Sahakari Society Ltd. there is no specific constituency provided for members of the society to get elected. 11. The learned Advocate for the respondents further submits that, the bar of Section 73D of the M.C.S.Act has to be read as also to include the present petitioner as the authorities have held it to be so since the Chairman or designated officer is always elected from the members of the Managing Committee. 12. Having considered the rival submissions, the relevant provisions and the bye-laws. Following provisions of the Maharashtra Co-operative Societies Act are required to be quoted in this context :- “Section 22 :- Person who may become member (1) Subject to the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say-- (a) an individual, who is competent to contract under the Indian Contract Act, 1872 ; (b) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies Registration Act, 1860; (c) a society registered, or deemed to be registered, 20 12241-2022 under this Act; (d) (e) (f) the State Government or the Central Government; a local authority; a public trust registered under any law for the time being in force for he registration of such trusts; (g) the depositor or the financial service user;” Section 73A of the Maharashtra Co-operative Societies Act, 1960 defines a ‘ designated officer’ and is quoted at paragraph No.6. Section 73D, Section 152A and Section 153 of the M.C.S.Act of 1960, are as under :- “73D :- No member of a society who is nominated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society.” “152A. Appeal against rejection of nomination paper at election (1) Notwithstanding anything contained int his Act or the rules or the bye-laws made thereunder, a person aggrieved by the rejection of nomination of a candidate at the election of a committee of any society, may file an appeal to the Registrar within three working days of the date of rejection of the nomination. The Registrar shall dispose of such appeal within ten days of the date of 21 12241-2022 receipt of such appeal and the decision of the Registrar in appeal shall be final and no further appeal or revision shall lie against the decision of the Registrar in such appeal. In the case of a society, an appeal shall lie to the officer as may be specified by the State Co-operative Election Authority, who shall dispose of such appeal within ten days from the date of receipt of such appeal and the decision of the such officer, shall be final. (2) Notwithstanding anything contained in this Act or the rules or the bye-laws made thereunder, the list of validity nominated candidates shall be subject to the decision of any appeal filed under sub-section (1), and the period between the date of scrutiny of nomination papers and the last date of the withdrawal of candidatures shall not be less than fifteen days.” “153. Extension of period of limitation by appellate authority in certain cases - In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.” And also the relevant bye-laws along with its English 22 12241-2022 translation of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon Dist. Jalgaon are required to be quoted in this context :- “fu;e 9 % & vBjk o”kkZojhy lgdkjh dk;nk dye 22 [kkyh ik= vlysY;k dq.kkgh O;Drhl vxj laLFksl eaMGkP;k fu;ekuqlkj lHkkln gksrk ;sbZy-” (Clause 9 - Any person or organization eligible under Section 22 of the Co-operative Societies Act above the age of eighteen years can become a member as per the rules of the Board.) “fu;e 26 % & dk;Zdkjh eaMG fuoM dk;Zdkjh eaMG inkf/kdk&;kalg 19 lnL;kaps vlsy- ;k O;frfjDr nksu rTK lapkyd o nksu dk;Zy{kh lapkyd fLod`r djrk ;srhy- 1- 2- 3- 4- 5- loZ lk/kkj.k lnL;kalkBh vuqlwfpr tkrh&tekrh e/khy lnL;kalkBh & & 14 tkxk 1 tkxk fuj/khlwphr tekrh foeqDr tkrh] HkVD;k tekrh o fo’ks”k ekxkl izoxZ lnL;kalkBh brj ekxkl izoxZ efgyk lnL;kalkBh & & & 1 tkxk 1 tkxk 2 tkxk fLod`r ukefunsZ’khr lnL; & 04 tkxk (iSdh rTK lnL; Eg.kwu & 2 ‘kS{kf.kd@ lgdkj {ks=kkrhy rTK) dk;Zy{kh lnL; & 2 (LFkk;h osruh deZpkjh xVkrwu) ;k pkj lnL;kauk lHksP;k nSuafnu dkedktkr lgHkkx ?ksrk ;sbZy] ijarq inkf/kdkjh fuoMhr Hkkx ?ksrk ;s.kkj ukgh- (Clause 26 :- Election of Executive Board The executive board will consist of 19 members including ex-officio. Apart from this, two expert directors 23 12241-2022 and two executive directors can be approved. 1) 2) For all ordinary members For members belonging to - - 14 Seats 1 Seat Scheduled Castes and Tribes 3) Scheduled Tribes (Exempt Castes),-1 Seat Nomadic Tribes and Special Backward Class Members Other Backward Classes For female members 4) 5) - - 1 Seat 2 Seats Approved Nominee Member - 04 Seats (Out of which – 2 academic/cooperative experts as expert members) Executive Members -2 (from permanent salaried staff category) These four members can participate in the day-to-day working of the meeting, but cannot participate in the election of office bearers. On examination of the Clause 9 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon, and Section 22 of the M.C.S.Act of 1960, the petitioner can be the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. The petitioner is a member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and his name is shown in the final voters list. 24 12241-2022 Petitioner’s name in the final voters list is the conclusive proof that the petitioner is qualified to be a voter of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. Once the petitioner is qualified voter, he is entitled under Clause 26 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon to contest election for the post of members of the Managing Committee. The reservations provided in the Managing Committee is not for any constituency, and is merely a reservation available to scheduled castes and backward classes who are ordinary members of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. The seat reserved in the Managing Committee are not the reservations for some specified categories or constituencies. 13. Thus, once a person is an ordinary member, he is entitled to contest for the post of member to the Managing Committee of a society as per Clause 26 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. As regards the bar under Section 73D of the M.C.S.Act is concerned, the same is applicable only in the event of the petitioner would contest for the post of designated officer i.e. the post of chairman or the President or for a post as provided in the definition of ‘designated officer’. 25 12241-2022 Since the petitioner is not contesting to the post of ‘designated officer’, he is not barred under Section 73D of the M.C.S.Act to contest election to the post of member to the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. 14. This Court would ordinarily not interfere with the election process of a Co-operative Society and relegate the parties to alternate remedy after the election process is over, unless there is patent illegality in the order passed by the scrutiny officer or other authorities. This Court will also take into consideration the stage of election and the impact this Court’s order would have on the elections. The legislative intent is clear, that in the case of acceptance of nomination there is no appeal provided whereas in case of rejection of nomination, an appeal is provided under Section 152A of the M.C.S.Act of 1961. Thus, this Court taking into consideration all attending circumstances would entertain a writ petition in case of rejection of nomination of a candidate in case of patent illegality and if it does not destablise the elections. 15. The learned GP appearing on behalf of the respondent no.1 has informed this Court that the election programme has been 26 12241-2022 stopped by the State Government by notification dated 29/11/2022 till 20/12/2022, and thereafter, it will be resumed from the stage where the election is stopped. In the instant case, the election programme has stopped at the stage of scrutiny of nomination and final list of nominated candidates is yet to be published. 16. Thus, having held that the petitioner is entitled to contest the election to the post of member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and bar of Section 73D of M.C.S.Act of 1960 is not applicable to the petitioner, I hereby set aside the orders passed by respondent No.1 dated 28/11/2022 and order of respondent No.2 dated 21/11/2022 and direct the Returning Officer/respondent no.2 to accept the nomination form of the petitioner to contest the election of member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and to include the petitioner in the list of final nominated candidates. 17.
Decision
In view of the above, the petition is allowed and disposed of accordingly. vj gawade/-. ( ARUN R. PEDNEKER, J. )