PRAKASH MAROTIRAO SHERE versus STATE OF MAHARASHTRA AND ORS.

PRAKASH MAROTIRAO SHERE versus STATE OF MAHARASHTRA AND ORS.

The administrator appointed pursuant to the Court's previous order shall continue until the elected committee assumes management. The competent authority must finalize the voters' list and complete the election within a specified schedule under the Maharashtra Cooperative Societies Election Committee Rules, 1971.

Parties
Appellant: Prakash Marotirao Shere; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
17 November 1995
Procedural Posture
Civil Appeal / Disposition After Appeal From Judgment and Order Dated 23.6.95 of the Bombay High Court in W.p. No. 2009 of 1995
Outcome
Appeal disposed of. No costs.
Legal Topics
Cooperative Societies Election, Appointment of Administrator, Election Process Scheduling
Election Law Administrative Law Cooperative Societies Election Appointment of Administrator Election Process Scheduling

Case Brief

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Parties

Prakash Marotirao Shere

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Disposition After Appeal From Judgment and Order Dated 23.6.95 of the Bombay High Court in W.p. No. 2009 of 1995

Legal Issues

  1. 1 Who is the competent authority to conduct election under the Maharashtra Cooperative Societies Election Committee Rules, 1971?
  2. 2 Whether the administrator should continue in office till new elected committee takes over?

Ratio Decidendi

The administrator appointed pursuant to the Court's previous order shall continue until the elected committee assumes management. The competent authority must finalize the voters' list and complete the election within a specified schedule under the Maharashtra Cooperative Societies Election Committee Rules, 1971.

Court Disposition

Appeal disposed of. No costs.

Orders

  • Administrator already appointed to continue till elected committee takes charge.
  • Competent authority to finalize voters' list by December 30, 1995 and notify election by January 2, 1996 under Rule 16 of the 1971 Rules. Entire election process to be completed within 45 days.