Laxman v. State Of Maharashtra, Department Of Cooperation, Marketing And Textiles, Through Its Principal Secretary, Mantralaya, Mumbai
2019-04-04
R.K.DESHPANDE, S.M.MODAK
body2019
DigiLaw.ai
JUDGMENT : R.K. DESHPANDE, J. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties. 2. The petitioner claims relief of quashing and setting aside the election programme in respect of the election of respondent No.8 - Cooperative Society in terms of provision of Section 73CC of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the “Act” for short). 3. The provision of Section 77CC of the Act is reproduced below : “77CC. Power of State Government to postpone election - Where due to scarcity, drought, flood, fire or any other natural calamity or rainy season or any election programme, of the State Legislative Assembly or Council or House of the People or a local authority, coinciding with the election programme of any society or class of societies, in the opinion of the State Government, it is not in the public interest to hold elections to any society or class of societies, the State Government may, notwithstanding anything contained in this Act or the rules, or bye-laws made thereunder, or any other law for the time being in force, for reasons to be recorded in writing, by general or special order, postpone the election of any society or class of societies, for a period not exceeding six months at a time, which period may further be extended so, however, that, the total period shall not exceed one year in the aggregate.” 4. In view of the aforesaid provision, if any election programme of the State Legislative Assembly or Council or House of the People or a local authority, coinciding with the election programme of any society or class of societies, in the opinion of the State Government, it is not in the public interest to hold elections to any society or class of societies, the State Government may, notwithstanding anything contained in this Act or the rules, or bye-laws made thereunder, or any other law for the time being in force, for reasons to be recorded in writing, by general or special order, postpone the election of any society or class of societies, for a period not exceeding six months at a time, which period may further be extended so, however, that, the total period shall not exceed one year in the aggregate. 5.
5. It is urged that the election programme for respondent No.8 - Cooperative Society was declared on 05/03/2019 and the election programme for the parliamentary elections was published on 11/03/2019. The State Government seems to be well aware of the position and though it was proposed by the State Election Commission to postpone the elections of the Co-operative Society by communication dated 14/03/2019, no decision is yet taken in the matter. 6. The decision is required to be taken, if the State Government wanted to postpone the elections of respondent No.8 - Cooperative Society. The provision confers a discretionary power upon the State Government to postpone or not to postpone the elections. We, therefore, cannot direct in exercise of jurisdiction of this Court under Article 226 of the Constitution of India, to exercise the discretion in a particular manner. Hence, the writ petition is dismissed. 7. Rule is discharged with no order as to costs.