Dismissed

Gautam Baburao Ingale and Ors. v. State of Maharashtra through Secretary Co-Operation Department and Ors.

Bombay HC18 Mar 2009WP/3058/2009

Case brief

AI extract

What is this about?

The petitioners approached the High Court via Article 226 to challenge the rejection of their nomination papers and the issuing of a circular, having failed to file the mandatory appeal under Section 152A of the Co-operative Societies Act.

What did the court decide?

The petition stands dismissed because the petitioners failed to avail the alternate remedy of appeal under Section 152A.

Gautam Baburao Ingale and Ors. Vs State of Maharashtra through… — Election Law | Bombay HC (2009)

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 ( 1 )

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.3058 OF 2009

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 Gautam Baburao Ingale & Ors. .. Petitioners
 V/s

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 The State of Maharashtra & Ors. .. Respondents

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 Mr.M.L.Patil i/by Mr.N.Y.Chavan for Petitioners.
 Mr.Vinay Masurkar, Govt.Pleader for Resp.Nos.1 to 3.
 Mr.Uday Warunjkar for Respondent No.4.
 Mr.Savagave for Respondent No.5.

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CORAM :S.B.MHASE &
D.B.BHOSALE, JJ.

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 DATE : 18TH MARCH, 2009.

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P.C.

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 1. Petitioners have approached this Court challenging
 the order of the Returning Officer passed on 12.3.2009
 whereby he has challenged the rejection of their
 nomination papers. The learned Counsel for the
 petitioners has also challenged the Circular of the
 Respondent No.2 dated 1.9.2007 before this Court.

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 2. The nomination papers of the Petitioners have been

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 rejected on the ground that as per the Circular dated

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 1.9.2007 the Petitioners have not deposited
 Rs.75000/-each with the Society. It was the contention

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 of the Advocate for the Petitioners before the Returning
 Officer that the Bye-laws of the Soceity have not been
 amended as per the Circular and therefore, nomination
 papers should be accepted.. This argument has been
 rejected by the Returning Officer.

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 ( 2 )

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 3. The order of the Returning Officer can be challenged
 by filing the Appeal under Section 152A of the
 Co-operative Societies Act. The Petitioners have not
 filed the said Appeal and now they are comming before
 this Court raising the contention which could have been
 considered in the Appeal by the Appellate Authority.
 What we find that the limitation for filing the Appeal
 is over and therefore to circumvent all these
 provisions, the jurisdiction of this Court under Article
 226 of the Constitution is tried to be invoked. Since
 we find that the alternate remedies were available to
 the Petitioners which the Petitioners have not followed,
 that does not mean that the Petitioners can circumvent
 the provisions of Section 152A of the Co-operative
 Societies Act by filing such petition and asking this
 Court to consider the validity of the Circular dated
 1.9.2007. The validity of the Circular is a consequence
 of rejection of nomination papers.

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 4. Under these circumstances, we refrain to entertain
 this Petition. However we also find that even though
 the remedy of Section 152A is not available to the
 Petitioners, they can avail of the remedy of election
 petition as provided under the Co-operative Societies
 Act, after the election results are declared. Petition
 stands dismissed.

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 ( 3 )

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(D.B.BHOSALE,J.) (S.B.MHASE, J.)

Gautam Baburao Ingale and Ors. v. State of Maharashtra through Secretary Co-Operation Department and Ors.

Case brief

What is this about?

What did the court decide?

Gautam Baburao Ingale and Ors. v. State of Maharashtra through Secretary Co-Operation Department and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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