BABAJI KONDAJI GARAD BABASAHEB RAJARAMJI DAMPURIKAR Vs. NASIK MERCHANTS CO OPERATIVE BANK LTD

JUDGEMENT

(1.) Construction of Section 73-B of the Maharashtra Co-operative Societies Act, 1960 ('Act' for short) figures in these two appeals arising from the two decisions rendered by the Bombay High Court, covering the same point and reaching the same conclusion, but the latter one does not take note of the earlier decision.

(2.) Respondents Nos. 3 to 7 and 9, 10 and 12 and 14 to 16 filed Writ Petition No. 392 of 1982* in the High Court of Judicature at Bombay under Art. 227 of the Constitution for a writ of certiorari. A Division Bench of the Bombay High Court granted the writ and made the rule absolute holding that it is not imperative that the reserved seats must be filed in only by election and the mandate of S. 73-B would be adequately complied with if reserved seats are filled in by co-option and therefore, there is no error in conducting the election. Accordingly, the order of the Additional Collector was quashed and set aside and the election petition was dismissed.

(3.) When the petition for special leave to appeal came up before this Court, a direction was given that the matter will be disposed of at the stage of granting special leave as if it is an appeal. Hence this appeal by special leave.