SHRI SANT SADGURU JANARDAN SWAMI (MOINGIRI MAHARAJ) SAHAKARI DUGDHA UTPADAK SANSTHA AND ANR. versus STATE OF MAHARASHTRA AND ORS .

Citation: [2001] SUPP. 3 S.C.R. 333 · Decided: 25-09-2001 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Dismissed

Judgment (excerpt)

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SHRI SANT SADGURU JANARDAN SWAMI (MOINGIRI MAHARAJ) 
A 
SAHAKARI DUGDHA UTPADAK SANSTHA AND ANR. 
v. 
STATE OF MAHARASHTRA AND ORS . 
SEPTEMBER 25, 2001 
B 
[V.N. KHARE AND B.N. AGRAWAL, JJ.] 
Cooperative Societies : 
Maharashtra Cooperative Societies Act, 1960: Sections 73-G, 144-A, 
C 
144-F, 144-T and 144-X and 165. 
Central Specified Society-Managing Committee-Election of-Electoral 
Roll-Preparation of-Held, ls an intemzediate stage in the process of election 
for constituting the managing committee of a spec(fied society. 
Maharashtra Specified Co-operative Societies Election to Committees 
Rules, 1971: 
Rule Bl(d)(iv)-Central Spec(fied Society-Managing Committee-
Election of-Election Petition-Collector published .final electoral roll and 
drew election schedule-High Court dismissed writ petition in view of availability 
of alternative remedy-Correctness of-Held, !f there is a breach of rule or non-
compliance with certain mandatory provisions the same can be challenged by 
means of an election petition-Once result of election is declared, election of 
returned candidate may be challenged be.fore election tribunal-Hence, in view 
of availability of alternative remedy, writ petition deserved dismissal-
Constitution of India, 1950, Art. 226. 
A central specified society registered under the Maharashtra 
Cooperative Societies Act, 1960 had a number of primary cooperative 
societies as its members. As the term of the elected managing committee of 
the society was due to expire, the Collector published the final electoral roll 
of the members of the society and drew the election schedule. It was at this 
stage the appellants filed a writ petition before the High Court for setting 
aside the election schedule. The High Court dismissed the writ petition in 
view of the availability of alternative remedy under Section 144-T of the 
Act before the Election Tribunal. Hence this appeal. 
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SUPREME COURT REPORTS 
[2001) SUPP. 3 S.C.R. 
· A 
On behalf of the appellants it was contended that the preparati~ri of 
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the voters' list not being part of the electoral process, the Election Tribunal 
was not competent to go into the validity or otherwise of an electoral roll in 
an election petition. 
The following questions arose before this Court : 
(1) Whether the preparation of the electoral roll for electing members 
to the managing committee of a specified society under the provisions of 
the Maharashtra Cooperative Societies Act, 1960 and the Maharashtra 
Specified Co-operative Societies Elections to Committees Rules, 1971 framed 
thereunder is an intermediate stage in the process of election? 
(2) If the answer to the first question is in the affirmative, whether 
the High Court should interfere with the preparation of an electoral roll in 
a petition under. Article 226 of the Constitution or decline to interfere in 
the matter leaving the parties to get the matter adjudicated by the Election 
Tribunal by filing an election petition after declaration of the result of the 
election? 
Dismissing the appeal, the Court 
'iIELD : 1. Once the Maharashtra Cooperative Societies Act, 1960 
p'rovides that the perparation of the voters list shall be part of the election 
process, there is no reason to hold that the preparation of the e•e'!toral roil 
is not 'mi intermediate stage in the process of the election of a specified 
sociefy. The Maharashtra Specified Co-operative Societies Elections to 
Committees Rules, 197i framed for election of specified societies are 
c~mplete code in itself p~oviding for the fntire process_ of election beginning 
froin the stage of preparation of the provisional voter's list, decision on the 
objection by the Collector, finalisation of the electoral rolls, holding of 
election and declaration of the result of the election. In view of the scheme 
of the.Act and .the Rules, the preparation of the'.voters' list must be held to 
be ~art· of. the election process for co~stituting the managing co~~ttee of 
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a specifjed society. Therefore, preparation of electoral roll of the specified 
society under Chapter XI-A of the Act and the Rules framed thereunder, is 
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an intermediate stage in the process of election for constituting the managing 
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comrµittee of a specified society. [341-E-G; 342-D] 
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' 1 ' I siJlne'Shwar Sahakilri Sakhar Karkhana Ltd. v. Shriniwas Patil, (1992) 
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