In a writ petition challenging eligibility of non-producer members to vote, the High Court held that the election process is already underway and efficacious statutory remedies exist. The Court disposed of the petition without examining merits.
Petition disposed of with liberty to avail efficacious statutory remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1443 OF 2015
Mr.Popatrao Punjagi Danghe and others. ... Petitioners. V/s. Kadava Co-op. Sugar Factory Ltd. and others. ... Respondents.
A.S.Desai with R.S.Ghadge i/b. Amar D. Parsekar for the petitioners.
Prashant Naik for respondent No.1.
P.P.Kakade, A.G.P. for respondent Nos.2 to 4.
P.N.Joshi for the intervener.
CORAM : NARESH H. PATIL AND A.S. GADKARI, JJ. DATED : 10th February 2015.
P.C.
The petitioners' grievance is that non-producer members of the respondent- Karkhana would be participating in the voting to elect producer member. It is alleged that there are about 2,000 producer members and 13,000 non-producer members of the Karkhana. In view of the amendments brought to the Maharashtra Co-operative Societies Act, 1960 (“said Act” for short) and in view of amended bye-laws, specific constituency of producer members is carved out. The members contesting elections from the said constituency have to be producer members and likewise the members casting votes to be producer members.
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(A.S. GADKARI, J.)
(NARESH H. PATIL, J.)
Sanjay Nanoskar, P.S..
1 issue framed by the court
Whether the High Court could intervene via writ jurisdiction in election disputes regarding non-producer member voting rights before the election process and statutory remedies were exhausted.
Popatrao Punjagi Danghe and others
Kadava Co-op. Sugar Factory Ltd.
NARESH H. PATIL
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
