- (1.) THIS writ petition under Article 226 of the Constitution of India takes exception to the order passed by the Returning Officer on 8th October, 1998 rejecting the objection raised by the petitioner that the respondent No. 3 was disqualified from contesting the election for the Managing Committee of the respondent No. 2 society, being appointed as a Police Patil of Mouza Mandhal, District Bhandara by the State Government, under the relevant provisions of the Act, Rules or the Bye-laws of the society.
(2.) THE Returning Officer negatived the objection mainly on the ground that the respondent No. 3 was not receiving salary from the State Government but was receiving honorarium and, therefore, he was not covered by any of the disqualifications.
(3.) IN the present writ petition diverse contentions have been raised. The writ petition came to be admitted to 3rd November, 1998 and it appears that it was heard from time to time. It is at this stage, that preliminary objection was taken on behalf of the respondent regarding maintainability of the writ petition on the ground that; an alternate and efficacious remedy of election petition has been provided for under the provisions of the Maharashtra Co-operative Societies Act; that the State Government was a necessary party and the petition is bad for non-joinder of necessary parties; and that the decision of the Returning Officer based on the Circular issued by the State Government dated 10th May, 1998, which clarifies that Police Patil appointed by the State Government under section 5 of the Maharashtra Village Police Act, 1967 would not incur any disqualification to contest the election to the Managing Committee of any Co-operative Society, has not been assailed in the present writ petition. It was thus contended that unless the validity of the said circular was challenged, which the Returning Officer had followed and in fact implemented in the present matter, the present petition cannot be entertained.;