Supreme Court - Daily Orders
Himat vs Rajendra on 15 March, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.905 OF 2021
(Arising from SLP(C) No.3099/2021)
HIMAT ...APPELLANT(S)
VERSUS
RAJENDRA & ORS. ...RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 03.02.2021 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No.1197 of 2021, whereby writ petition filed by respondent No.1 came to be allowed and direction issued to include the name of respondent No.1 in the voters list as nominee of the Society (respondent no.6) on the assumption that the Society had already paid the outstanding dues and was not in arrears on the date election programme was notified.
3. The view so taken by the High Court is completely erroneous and is based on factual error Signature Not Verified in not adverting to the notification dated Digitally signed by NEETU KHAJURIA 27.12.2019 issued by the District Cooperative Date: 2021.03.16 18:10:23 IST Reason: Election Officer. According to that notification, 2 the primary voters list was to be prepared on the basis of cut-off date as 07.05.2020. Further, as per Section 27 of the Maharashtra Cooperative Societies Act, 1960, the defaulter members on the cut-off date are not eligible to vote and, therefore, cannot participate in the election process.
4. In the present case, admittedly, respondent No.6-Society, whom the respondent No.1 was representing as its nominee had paid the outstanding dues only on 27.11.2020, much beyond the cut-off date of 07.05.2020. On this count alone, the writ petition filed by respondent No.1 should have been rejected by the High Court.
5. Accordingly, the impugned judgment and order is quashed and set aside and the writ petition filed by respondent No.1 stands dismissed in terms of this decision.
6. The appeal and pending applications are disposed of accordingly.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(SANJIV KHANNA) NEW DELHI MARCH 15, 2021.
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ITEM NO.30 Court 5 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 3099/2021
(Arising out of impugned final judgment and order dated 03-02-2021 in WP No. 1197/2021 passed by the High Court Of Judicature At Bombay At Aurangabad) HIMAT Petitioner(s) VERSUS RAJENDRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.25266/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.25267/2021-EXEMPTION FROM FILING O.T. ) Date : 15-03-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P. Shinde, Adv. Ms. Rucha A. Pande, Adv.
For Respondent(s) Mr. Dilip Annasaheb Taur, AOR Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal and pending applications are disposed of in terms of the signed order.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)