PRATHAMIKA KRISHI PATTINA SAHAKARI SANGH LTD Vs. RETURNING OFFICER TALUKA AGRICULTURAL PRODUCE

JUDGEMENT

(1.) HEARD Shri F.V.Patil, learned counsel appearing for petitioner, Smt. K.Vidyavati, AGA appearing for R1 and Smt. Sharmila M. Patil, appearing for R2. Perused the case records as well as the contents of enclosures to the memo filed today in the Court by learned counsel appearing for petitioner.

(2.) FOR conducting election to the Board of Directors of 2nd respondent Society which is registered under the Co -operative Societies Act, 1959 calendar of events came to be published. 2nd respondent Society Managing Committee consists of 12 Members and 7 Members are to be elected from A category members and 2 Members from B category Members. In this writ petition, issue revolves around A category members. Hence, this order is confined to said category of members only. Petitioner, undisputedly is a member of 2nd respondent Society under A category. As could be evidenced from the list of A category members announced by the Manager of 2nd respondent and as per the extract of A category members dated 05.02.2010 produced at Annexure B.

(3.) AS noticed herein above, Returning Officer having announced the calendar of events to conduct elections of Board of Directors of 2nd respondent Society for the years 2014 -15 to 2018 -19, list of eligible members and ineligible members came to be notified as per Annexures G and H respectively. Though, petitioner is an A category member of 2nd respondent Society along with 17 others, petitioner has been held to be ineligible as per Annexure G and petitioner Society name is shown at Sl. No.6. Under A category, 7 Directors have to be elected from amongst said category of members. Eligible list of members announced by 1st respondent would indicate that 6 primary societies have been held to be eligible. In other words, if they were to contest the elections, they would become eligible to be elected as Director of 2nd respondent Society unopposed.