PANDURANG LAXMAN KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners pray by this writ petition under Article 226 of the Constitution of India that the respondents and particularly the Election Officer be directed to include 124 names in the list of voters for elections and which are scheduled for the constitution of a committee to manage and administer the affairs of Shivanand Cooperative Housing Society Ltd.

(2.) The argument of Mr.Oak learned counsel appearing in support of this petition is twofold:

(3.) He firstly submits that though The Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014 are notified by the statute, they supersede all prior Rules. By Rule 78 of these rules in part XI it is stated that no election shall be called in question except by an Election Petition presented to the Cooperative Court as laid down in section 91. Mr.Oak submits that because of the supersession of the prior Rules, what has remained thereafter and in the present set of Rules is the procedure for holding elections. However, as notified by the same statute in other rules and particularly Maharashtra Specified Societies (Elections to Committees) Rules all details such as necessary parties to the Election Petition, format in which it is to be filed, grounds on which elections can be declared as invalid and set aside are not dealt with by the 2014 Rules. These material and relevant aspects being not provided in the 2014 Rules, the remedy of an Election Petition provided therein cannot be said to be equally efficacious and complete. Hence, this writ petition therefore, should be entertained as the alternate remedy is illusory.