GANGADHAR LALLIRAM Vs. NIRVACHAN ADHAKARI MARKITING SOCIETY VIJAYAPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE Vijayapur Co-operative Marketing Society is a registered society under the co-operative Societies Act, 1960, (hereinafter called 'the Act' ). The members of equivalent Citation: the society are classified into the following groups: (1) The Co-operative Societies; (2) Agriculturists in the individual capacity. (3) Traders and others; (4) The Government. Election to the office of the members of Managing committee of the society for the period from 1968 to 1971 was held in the month of February 1968. The petitioner is a primary member of the Arrod Co-operative Society and is a representative of the said society. He filed nomination paper which was rejected by the Returning Officer. Nomination papers of four others were also rejected. Nominations of other six were accepted and they were declared elected to the Managing Committee.

(3.) THE petitioner then filed an application under Section 64 of the Act challenging the rejection of his nomination paper and the acceptance of the nomination papers of respondents 2 to 7. He also contended that the notice which had been issued to the Assistant Registrar under Section 49 (2) was bad inasmuch as it was served on the Assistant Registrar on February 3, 1968, for the general meeting to be held on february 17, 1968, in which the election was to be held. The notice ought to have been of "at least fourteen clear days before the date of the meeting. "