Ashok Soudagar Veer vs The State Of Maharashtra Through ...
2022 Latest Caselaw 6249 Bom

                                                                     01-WP NO.6704 OF 2022.odt


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                              WRIT PETITION NO.6704 OF 2022

                    ASHOK SOUDAGAR VEER
                           VERSUS
 THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

                                           ...
     Advocate for Petitioner : Mr. N. P. Patil Jamalpurkar h/f. Mr. A. D. Chapule
             AGP for Respondents no. 1 and 2 : Mr. S. B. Pulkundwar
                  Advocate for Respondent No.3 : Mr. S. K. Kadam
              Advocate for Respondent No.4 : Mr. H. B. Nandagavale
                                           ...

                                      CORAM : MANGESH S. PATIL, J.

DATED : 04 JULY 2022

PER COURT :

1. The petitioner is aggrieved by the dismissal of his appeal

preferred under section 152-A of the Maharashtra Co-operative Societies Act,

1960 (for short, "the Act"), confirming the decision of the Co-operative State

Election Officer - Respondent No.3, upholding the objection raised by the

respondent no.4 about he having incurred disqualification under section 73CA

of the Act for being a defaulter of couple of co-operative societies.

2. I have heard learned advocate Mr. N. P. Patil Jamalpurkar holding

for Mr. A. D. Chapule for the petitioner extensively.

3. As can be appreciated, the question whether the petitioner can be

said to be a defaulter and has incurred the disqualification depends on number

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of facts regarding which this court in exercise of the writ jurisdiction has

inherent limitations in entering into the realm of factual disputes.

4. Prima facie, there are certificates issued by at least two co-

operative societies pointing out the default of the petitioner in paying the

dues.

5. It has been strongly submitted on behalf of the petitioner that in

order to attract the provision of section 73CA of the Act, a person must be a

defaulter of a society in his capacity as a member of that society. However, as

has rightly been pointed out by learned advocate Mr. Kadam for the

respondent no.3, there is an explanation of the word 'defaulter'. That

explanation uses the word 'includes' which makes it abundantly clear that

though the categories mentioned in the explanation require a person to be a

member of the other society and in that capacity a defaulter, this is an

inclusive definition and does not outrightly exclude category of non members

as defaulters.

6. In view of such state of affairs, when apart from the certificate

issued by couple of societies which were before the respondent no.3-returning

officer as also the appellate authority, coupled with the fact that along with the

affidavit-in-reply there is a judgment of the cooperative court holding the

petitioner liable to pay the amount to one such society and particularly the

01-WP NO.6704 OF 2022.odt

fact that according to the learned advocate for respondent no.3, even the

appeal preferred by the petitioner against that judgment has been dismissed,

for the time being, this much of material would be sufficient to substantiate

the decision of the appellate authority confirming the order of the respondent

no.3 returning officer.

7. Apart from the above state of affairs, admittedly, the date for

withdrawal of candidature is over and tomorrow is the date for publication of

list of valid candidates. The petition does not array the candidates who have

already filed nominations who are certain to be effected by any decision in the

writ petition in favour of the petitioner.

8. For the aforementioned reasons, the petition is dismissed.

( MANGESH S. PATIL, J.)

Tandale/-