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1 - 10 of 15 (0.26 seconds)The Maharashtra Co-Operative Societies Act, 1960
Article 226 in Constitution of India [Constitution]
Murlidhar Bhaulal Malu And Ors. vs Sudhakar Honaji Patil And Anr. on 18 September, 1987
4 2004 BCI 518
5 2001 (I ) Mh.L.J. 659
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DSS j-wp-897-16
Bench of this Court, in case of Murlidhar Malu Vs. Sudhakar H.
Patil and anr. 6, has also held that the relevant date to disqualify a
Member would be the last date of filing nomination. If therefore,
before this date, a Member, is no longer in default, his nomination,
cannot be rejected.
Article 227 in Constitution of India [Constitution]
Section 73FFF in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Rajbala & Ors vs State Of Haryana & Ors on 10 December, 2015
10] In case of Rajbala & ors vs. State of Haryana & ors.1 , the
Hon'ble Apex Court, no doubt, in the context of election to
Panchayats, has held that right to vote is a constitutional right.
Article 14 in Constitution of India [Constitution]
Section 78 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Keshaorao Narayanrao Patil vs District Deputy Registrar And Ors. on 16 April, 1987
Legislature has not provided that if default is once committed
stigma shall continue for a specified period. It has not been
provided that a stigma would last for a particular period
irrespective of the fact that the concerned member wants to
make payment of amounts and has actually paid defaulted
money. The principle underlying the disqualification so far as
the election law is concerned is that he should not be a
defaulter on the last day of the nomination. There is nothing
in section 73-FF or any of the provisions of the Maharashtra
Co-operative Societies Act, 1960 to interpret that a default
once committed will disentitle the primary member to be
elected or nominated, co-opted or appointed, as the case may
be, as member of the managing committee of any Co-
operative Society at any time in future. There is no provision
to disqualify him even for the next election due if he has paid
amount defaulted. Any penal provision, however reasonable it
may appear, cannot be added to the statute when actually
there is none. Penal provisions are to be interpreted strictly
and should be confined to the class and circumstances which
have been laid down in the provision.