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2004 (4) TMI 647

..... anabad (hereinafter 'the Sangh', for short) is a cooperative society falling in one of the categories included in Section 73G of the Maharashtra Cooperative Society Act, 1960 (hereinafter, 'the Act' for short). Section 144Y of the Act makes special provision for election of officers of such societies. It reads as under:- "144Y. Special provision for election of officers of specified societies (1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in section 73-G. (2) After the election of the members of the committee and, where necessary, co-option or appointment, as the case may be, of members to the reserved seats under section 73-B or when .....

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..... e year. The Collector, Osmanabad was to preside over the meeting called for the purpose. Collector, Osmanabad by his order dated 29.11.2003 appointed Tehsildar, Osmanabad as the Returning Officer. The election programme was notified by Tehsildar-cum-Returning Officer on 3.12.2003 as under:- "Election Programme for the post of Chairman schedule on 11.12.2003 Date Time Stages of Election 11.12.2003 11.00 to 12.00 a.m. Distribution of nomination papers & acceptance of nomination papers 11.12.2003 12.00 noon to 12.15 p.m. Scrutiny of nomination papers 11.12.2003 12.30 p.m. to 13.00 p.m. Withdrawal of nomination papers 11.12.2003 14.00 noon If felt necessary, then voting, counting & declaration of result of election. (underlining by .....

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..... g stayed, will be communicated to the Collector, Osmanabad, thereafter, further proceedings will be done as per his orders. After giving vote of thank to the present Directors, the meeting is declared to be over. Date : 11.12.2003" It appears that the appellant insisted on his being declared as the duly elected Chairman in view of he only being the duly nominated candidate for the office of Chairman. But he received no response. On 17.12.2003, he filed a writ petition in the High Court of Bombay, Bench at Aurangabad seeking quashing of the order dated 11.12.2003 passed by the Tehsildar-cum-Returning Officer and a command to complete the election programme as scheduled by resuming the same from the stage at which it had stopped. In subs .....

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..... the hearing and competent to do so, valuable time and energy of this Court are consumed in adjudicating upon a controversy the life of which will be co-terminus with the life of the main matter itself which is not before it and there is duplication of pleadings and documents which of necessity shall have to be placed on the record of this Court as well. However, this rule of discretion followed in practice is by way of just self-imposed discipline. The Courts and Tribunals seized of the proceedings within their jurisdiction take a reasonable time in disposing of the same. This is on account of fair procedure requirement which involves delay intervening between the previous and the next procedural steps leading towards preparation of case f .....

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..... ase, the considerations of balance of convenience and irreparable injury forcefully tilting the balance of case totally in favour of the applicant may persuade the Court to grant an interim relief though it amounts to granting the final relief itself. Of course, such would be rare and exceptional cases. The Court would grant such an interim relief only if satisfied that withholding of it would prick the conscience of the Court and do violence to the sense of justice, resulting in injustice being perpetuated throughout the hearing, and at the end the Court would not be able to vindicate the cause of justice. Obviously such would be rare cases accompanied by compelling circumstances, where the injury complained of is immediate and pressing an .....

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..... of material in the shape of documents or affidavits or even by way of a plea raised before the Court which could come in the way of the relief being granted to the writ petitioner, in the case of such a nature, the interim relief ought to have been granted. The writ petitioner-appellant is right in submitting that the election was for a period of one year out of which a little less than half of the time has already elapsed and in the absence of interim relief being granted to him there is nothing which would survive for being given to him by way of relief at the end of the final hearing. It is pertinent to note that in spite of the respondents having been noticed by this Court none has made appearance excepting the State of Maharashtra and .....

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