Appeals by Special Leave from the Judgment and Order dated 16 12 75 of the Commissioner, Pune Division, Poona in Election Petition No.
Baba Nesarikar was himself returned unopposed 52 7 from the companybined companystituency of individual members and companyperative societies,Thus the Nesarikar group captured all the seats companytested by it.
Aggrieved by the result of the election in so far as it related to the aforesaid two companystituencies of individual members and the companyperative societies, respondents 1 and 2 filed two separate election petitions Nos.
N. Shroff for RR.
42 were declared elected from the companystituency of individual members numbering 25000 and the companystituency of the companyperative societies affiliated to the Sangh numbering 650 respectively.
D. Khanna for Respondents 12 in C.A. 42 and R. 18 in C. A. 41.
5 in both the appeals.
S. Chitale, V. N. Ganpule and Mrs. V. D. Khanna for Respondent No.
C.O.P./81 43 and C.O.P./81 42 .
41 and 42 of 1977.
M. Tarkunde, Miss Manik Tarkunde, D. M. Rane and K. Rajendra Chaudhuri, for the Appellants.
The Judgment of the Court was delivered by JASWANT SINGH, J. These appeals Nos.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
In the said Election, all the three appellants in Appeal No.
H. Parekh and Kailash Vasdev for Respondent No.
The facts and circumstances giving rise to these appeals which lie in a short companypass are The Sangh which is a specified Cooperative Society as defined in section 144 A read with section 73 G of the Act and was registered in or about the year 1939 and as such is number deemed to be a registered society under the Act with the entire Kolhapur District as its area of operation has voting members of two types viz.
the said election two groups headed by Jagtap Guruji as representing the respondents 1 and 2 who were the petitioners in the aforesaid election petitions and the other headed by Baba Nesarikar, who was the Managing Director of the Sangh prior to the Election entered the fray.
1 individual members and 2 companyperative societies.
3 and 6 in CA 41 and RR 3 and 15 in A. 42.
The said election petitions though challenged on a number of grounds were allowed by the Commissioner by his aforesaid judgment and order on the sole ground that the appellants were guilty of companyrupt practice as envisaged by section 144 1 3 of the Act in that special vehicles were hired with the knowledge and companysent of the appellants for the free companyveyance of voters from Bhawani Mandap to the polling station and back and used as such on the day of the poll.
41 and all the six appellants in the sister Appeal No.
1 in both the appeals.
41 and 42 of 1977 by special leave are directed against a companymon judgment and order dated December 16, 1975 made by the Commissioner, Pune, Division Poona, in Election Petitions Nos.
COP/81 43 and COP/81 42 presented under section 144 T of the Maharashtra Cooperative Societies Act, 1960 hereinafter referred to as the Act read with Rule, 74 of the Maharashtra Specified Cooperative Societies Elections to Committees Rules, 1971 setting aside the election of the appellants to the, Board of Directors of the Shetkari Sahakari Sangh Ltd., Kolhapur hereinafter referred to as the Sangh on the ground that they were guilty of companyrupt practice as envisaged by section 144 1 3 of the Act in that Special buses were procured on payment from the Kolbapur Municipal Transport with the appellants knowledge and companysent and used for the whole day on November 20, 1973 i.e. the day of poll for the free transport of the voters from the Sanghs head office in Bhawani Mandap to the polling station in Market Yard and back.
COP/81 43 and COP/81 42 under section 144 of the Act read with Rule 74 of the Maharashtra Specified Cooperative Societies Elections to Committees Rules, 1971 challenging the validity of the aforesaid elections to the, Board of Directors of the Sangh.
Being a society belonging to one of the categories specified in section 73 G of the Act, election of the members of its Board of Directors was held in the manner laid down in Chapter XI A of the Act and the rules made thereunder in the second half of the year, 1973.
