- (1.) Delay condoned in SLP (C) No. 14075/99 (C.C. 5231/96).
(2.) Leave granted in SLP (C) 14075/99 (CC 5231/96) and SLP (C) No. 21615/96.
(3.) Challenge to the constitutional validity of Section 144-T of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the 'Act') failed before the Division Bench of the Bombay High Court and the Writ Petition filed by the petitioner was dismissed vide order dated January 10, 1996. These appeals by special leave put that judgment of the Bombay High Court in issue before us. Section 144-T of the Act lays down : "144-T. Disputes relating to elections to be submitted to the Commissioner or other specified officer.- (1) Notwithstanding anything contained in Section 91 or any other provisions of this Act, any dispute relating to an election shall be referred to the Commissioner of the Division in which such election is held or to an officer not below the rank of Additional Commissioner of a Division authorised by the State Government in this behalf (hereinafter in this Section either of them as the context may require is referred to as "the specified Officer"). (2) Such reference may be made by an aggrieved party by presenting an election petition to the specified officer, within a period of two months from the date of declaration of the result of the election : Provided that, the specified officer may admit any petition after the expiry of that period, if the petitioner satisfies the specified officer that he had sufficient cause for not preferring the petition within the said period. (3) In exercising the functions conferred on him by or under this Chapter, the specified officer shall have the same powers as are vested in a Court in respect of,- (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person and examining him on oath; (c) compelling discovery of the production of documents; and (d) issuing commissions for the examination of witnesses. In the case of any such affidavit, an officer appointed by the specified officer in this behalf may administer the oath to the deponent. (4) Subject to any rules made by the State Government in this behalf, any such petition shall be heard and disposed of by the specified officer as expeditiously as possible. An order made by the specified officer on such petition shall be final and conclusive and shall not be called in question in any Court.";