JUDGMENT : 1. By the present petition, the petitioner is challenging the legality and validity of the order dated 28/11/2022, passed by the respondent no.1/The District Deputy Registrar, Cooperative Societies, Jalgaon rejecting the appeal and confirming the order dated 21/11/2022, passed by the respondent no.2/The Returning Officer, Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon rejecting the nomination form of the petitioner for election to the members of Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon/a co-operative society established under the Mumbai Co-operative Societies At, 1925. 2. It is contention of the petitioner that, he is the member of Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon. The said Kharjai vividh Karyakari Sahakari Society is the member of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon since its establishment. The petitioner contend that as he is representative of the said Kharjai Society and he has voting rights to contest the election of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. The petitioner is included as voter in the election of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., as a representative of the member society. The petitioner had earlier also contested elections for the period 2007 to 2012 and was elected as member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. 3. The respondent no.2/Returning Officer had published the programme for finalization of the voters list, thereby publishing the provisional voters list calling objections for the same. The petitioner’s name was included as representative of said Kharjai Vividh Karyakari Sahakari Society Ltd., Tq. Chalisgaon and was finally included in the final voters list published by respondent no.2. After finalization of the voters list, the election programme came to be published from the stage of filing of the nomination. As per the said programme, the nominations were to be filled from 11/11/2022 to 17/11/2022. The petitioner being the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., and being entitled to contest election of member of the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., the petitioner filed nomination form from the general category and scrutiny was scheduled on 18/11/2022. 4. The petitioner being the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., and being entitled to contest election of member of the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., the petitioner filed nomination form from the general category and scrutiny was scheduled on 18/11/2022. 4. The respondent no.3 objected to the nomination form of the petitioner contending that, in view of the provisions of Section 73D of the M.C.S. Act, 1960, the petitioner has no right to contest the election for becoming Managing Committee member of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. After considering the objection raised by the respondent no.3 and the response of the petitioner, the Returning Officer rejected the nomination form of the petitioner holding that the petitioner is not entitled to contest the elections for the Managing Committee in view of the bar under Section 73D of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as ‘M.C.S.Act, 1960). 5. The petitioner, thereafter, filed appeal before the respondent no.1/appellate authority under Section 152A of the M.C.S.Act of 1960. The respondent no.1 by order dated 28/11/2022 confirmed the order passed by the respondent no.2 and the same is impugned in the present petition. 6. It is the contention of the petitioner that both the orders of respondent nos.1 and 2 are illegal and in violation of provision of Section 73D of the Maharashtra Co-operative Societies Act, 1960. The petitioner is entitled to contest the elections as the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., but is not entitled to contest the election for post of chairman or President, as the post are “designated officer” post of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited. The reasons given by the respondent Nos.1 and 2 in their impugned order that the petitioner cannot contest the elections of member to the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited as from the members of the Managing Committee the “designted officer” is elected, and therefore, the bar under Section 70 is also applicable to the members of Managing Committee, is completely illegal and there is no bar to contest the elections as the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd. 7. The learned Advocate for the petitioner relies upon the Clauses 9 and 26 of bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and contends that once the petitioner is the ordinary member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon he is entitled to contest for the elections of member of the Managing Committee. It is the contention of the petitioner that the bar under Section 73D of the M.C.S.Act is applicable only to be appointed as “designated officer” unless the other society is federal society. In the instant case, the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon is not a federal society. Thus, there is bar for the petitioner only to be elected as a “designated officer” and not as a member of “Managing Committee”. 8. The word ‘designated officer’ is defined in Section 73A of the Maharashtra Co-operative Societies Act, as under :- “Section 73A :- ‘A designated officer’ means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include, any officer appointed or nominated by the State Government or by the Registrar.” Thus, the learned Advocate for the petitioner submits that he is barred from contesting the election of the President or the Chairman of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon, and is not barred from becoming the member of the Managing Committee. 9. The learned Advocate for the petitioner further submits that he was earlier elected as member of the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and the same objection was taken on earlier occasion for previous term also and the same was rejected by the then Returning Officer. In view of the same, the learned Advocate for the petitioner submits that the petition may be allowed and the petitioner may be permitted to contest the election. 10. Per contra, the learned Advocate appearing for the respondent/objector submits that, there is a bar on the petitioner to become the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon itself. 10. Per contra, the learned Advocate appearing for the respondent/objector submits that, there is a bar on the petitioner to become the member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon itself. The respondent/objector further submits that even if it is held that the petitioner is entitled to become a member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, he cannot contest elections to the Managing Committee as he is not an individual member but a representative member of a society. Since he is representative member of the Kharjai Vividh Karyakari Sahakari Society Ltd. there is no specific constituency provided for members of the society to get elected. 11. The learned Advocate for the respondents further submits that, the bar of Section 73D of the M.C.S.Act has to be read as also to include the present petitioner as the authorities have held it to be so since the Chairman or designated officer is always elected from the members of the Managing Committee. 12. Having considered the rival submissions, the relevant provisions and the bye-laws. Following provisions of the Maharashtra Co-operative Societies Act are required to be quoted in this context :- “Section 22 :- Person who may become member (1) Subject to the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say— (a) an individual, who is competent to contract under the Indian Contract Act, 1872 ; (b) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies Registration Act, 1860; (c) a society registered, or deemed to be registered, under this Act; (d) the State Government or the Central Government; (e) a local authority; (f) a public trust registered under any law for the time being in force for he registration of such trusts; (g) the depositor or the financial service user;” Section 73A of the Maharashtra Co-operative Societies Act, 1960 defines a ‘designated officer’ and is quoted at paragraph No.6. Section 73D, Section 152A and Section 153 of the M.C.S.Act of 1960, are as under :- “73D :- No member of a society who is nominated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society.” “152A. Section 73D, Section 152A and Section 153 of the M.C.S.Act of 1960, are as under :- “73D :- No member of a society who is nominated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society.” “152A. Appeal against rejection of nomination paper at election (1) Notwithstanding anything contained in this Act or the rules or the bye-laws made thereunder, a person aggrieved by the rejection of nomination of a candidate at the election of a committee of any society, may file an appeal to the Registrar within three working days of the date of rejection of the nomination. The Registrar shall dispose of such appeal within ten days of the date of receipt of such appeal and the decision of the Registrar in appeal shall be final and no further appeal or revision shall lie against the decision of the Registrar in such appeal. In the case of a society, an appeal shall lie to the officer as may be specified by the State Co-operative Election Authority, who shall dispose of such appeal within ten days from the date of receipt of such appeal and the decision of the such officer, shall be final. (2) Notwithstanding anything contained in this Act or the rules or the bye-laws made thereunder, the list of validity nominated candidates shall be subject to the decision of any appeal filed under sub-section (1), and the period between the date of scrutiny of nomination papers and the last date of the withdrawal of candidatures shall not be less than fifteen days.” “153. Extension of period of limitation by appellate authority in certain cases - In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.” And also the relevant bye-laws along with its English translation of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon Dist. Jalgaon are required to be quoted in this context :- OTHER LANGUAGE (Clause 26 :- Election of Executive Board The executive board will consist of 19 members including ex-officio. Jalgaon are required to be quoted in this context :- OTHER LANGUAGE (Clause 26 :- Election of Executive Board The executive board will consist of 19 members including ex-officio. Apart from this, two expert directors and two executive directors can be approved. 1) For all ordinary members 14 Seats 2) For members belonging to Scheduled Castes and Tribes 1 Seat 3) Scheduled Tribes (Exempt Castes), Nomadic Tribes and Special Backward Class Members -1 Seat 4) Other Backward Classes 1 Seat 5) For female members 2 Seats Approved Nominee Member 04 Seats (Out of which – 2 academic/cooperative experts as expert members) Executive Members -2 (from permanent salaried staff category) These four members can participate in the day-to-day working of the meeting, but cannot participate in the election of office bearers. On examination of the Clause 9 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon, and Section 22 of the M.C.S.Act of 1960, the petitioner can be the member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. The petitioner is a member of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and his name is shown in the final voters list. Petitioner’s name in the final voters list is the conclusive proof that the petitioner is qualified to be a voter of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. Once the petitioner is qualified voter, he is entitled under Clause 26 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon to contest election for the post of members of the Managing Committee. The reservations provided in the Managing Committee is not for any constituency, and is merely a reservation available to scheduled castes and backward classes who are ordinary members of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. The seat reserved in the Managing Committee are not the reservations for some specified categories or constituencies. 13. Thus, once a person is an ordinary member, he is entitled to contest for the post of member to the Managing Committee of a society as per Clause 26 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. The seat reserved in the Managing Committee are not the reservations for some specified categories or constituencies. 13. Thus, once a person is an ordinary member, he is entitled to contest for the post of member to the Managing Committee of a society as per Clause 26 of the bye-laws of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. As regards the bar under Section 73D of the M.C.S.Act is concerned, the same is applicable only in the event of the petitioner would contest for the post of designated officer i.e. the post of chairman or the President or for a post as provided in the definition of ‘designated officer’. Since the petitioner is not contesting to the post of ‘designated officer’, he is not barred under Section 73D of the M.C.S.Act to contest election to the post of member to the Managing Committee of Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon. 14. This Court would ordinarily not interfere with the election process of a Co-operative Society and relegate the parties to alternate remedy after the election process is over, unless there is patent illegality in the order passed by the scrutiny officer or other authorities. This Court will also take into consideration the stage of election and the impact this Court’s order would have on the elections. The legislative intent is clear, that in the case of acceptance of nomination there is no appeal provided whereas in case of rejection of nomination, an appeal is provided under Section 152A of the M.C.S.Act of 1961. Thus, this Court taking into consideration all attending circumstances would entertain a writ petition in case of rejection of nomination of a candidate in case of patent illegality and if it does not destablise the elections. 15. The learned GP appearing on behalf of the respondent no.1 has informed this Court that the election programme has been stopped by the State Government by notification dated 29/11/2022 till 20/12/2022, and thereafter, it will be resumed from the stage where the election is stopped. In the instant case, the election programme has stopped at the stage of scrutiny of nomination and final list of nominated candidates is yet to be published. 16. In the instant case, the election programme has stopped at the stage of scrutiny of nomination and final list of nominated candidates is yet to be published. 16. Thus, having held that the petitioner is entitled to contest the election to the post of member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and bar of Section 73D of M.C.S.Act of 1960 is not applicable to the petitioner, I hereby set aside the orders passed by respondent No.1 dated 28/11/2022 and order of respondent No.2 dated 21/11/2022 and direct the Returning Officer/respondent no.2 to accept the nomination form of the petitioner to contest the election of member of the Managing Committee of the Rashtriya Sahakari Shikshan Prasarak Mandal Limited, Chalisgaon and to include the petitioner in the list of final nominated candidates. 17. In view of the above, the petition is allowed and disposed of accordingly.