Bombay High Court
GOVINDRAO SHANKARRAO JADHAVversusTHE STATE CO OPERATIVE ELECTION AUTHORITY THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The Returning Officer rightly relied on the experience certificate and the petition is dismissed.
Summary
The petitioner challenged the order dated 01.07.2026 of the Returning Officer who rejected his objection and accepted the nomination of respondent No.3 for the election of the Nanded District Central Co‑operative Bank. The objection alleged that the experience certificate submitted by respondent No.3 was false because the society’s declaration did not list him as a director. The court examined the objection and found it to be vague and not properly raised, concluding that the Returning Officer was justified in relying on the certificate tendered with the nomination. The court directed the petitioner to pursue the post‑election remedy available under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. Accordingly, the writ petition was dismissed.
Issues considered
- Whether the Returning Officer erred in accepting the nomination of respondent No.3 despite the alleged falsity of the experience certificate.
- Whether the petitioner’s remedy lies in the writ jurisdiction or must be pursued under the post‑election provisions of Section 91 of the Maharashtra Co‑operative Societies Act, 1960.
Legislation cited
Subjects
- election
- co-operative bank
- nomination
- experience certificate
- returning officer
- post‑election remedy
- Section 91
- Maharashtra Co‑operative Societies Act
Judgment
2026:BHC-AUG:27545
912-wp-7284-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7284 OF 2026
Govindrao Shankarrao Jadhav
VERSUS
The State Co Operative Election Authority Thr Its Secretary And
Others
...
Advocate for the Petitioner : Mr. Ingole Govind Rangrao
Advocate for Respondent Nos.1 & 2 : Mr. S.K. Kadam
Advocate for Respondent No.3 : Mr. V.D. Hon, Senior Counsel a/w Mr.
S.S. Kote i/b Mr. A.V. Hon.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 10, 2026
PER COURT :-
1. Present petition takes exception to order dated
01.07.2026 passed by respondent no.2/Returning Officer thereby
rejecting objection of petitioner and accepting nomination of
respondent no.3 at election of Nanded District Central Co-operative
Bank for the term 2026-31.
2. Mr. Ingole, learned advocate appearing for petitioner
submits that respondent no.3 submitted his nomination along with
certificate dated 26.06.2026 alleged to have issued by Guruji Abhinav
Krushak Utpadit Vipnan Sahakari Sanstha Maryadit, Sindhi, Tq.
Umari, District Nanded to indicate that he is working as Director of
said society since 11.02.2020. Mr. Ingole relying upon notification
dated 29.03.2023 issued by Assistant Registrar, Umari submits that
declaration of election in respect of Guruji Abhinav Krushak Utpadit
912-wp-7284-2026.odt
(2)
Vipnan Sahakari Sanstha Maryadit do not show name of respondent
no.3 as elected Director and, therefore, said certificate is false.
3. Mr. Hon, learned senior counsel appearing for respondent
no.3 invites attention of this Court to written objection raised by
petitioner before Returning Officer.
4. Perusal of para 2 of said objection suggest that objection
was not raised properly thereby indicating objection of petitioner to
experience certificate. Perusal of objection dated 01.07.2026 at page
no.23 in this petition suggest that para 2 is worded vaguely and it is
difficult to gather exact nature of objection. In this backdrop,
Returning Officer cannot be faulted while relying upon experience
certificate tendered by respondent no.3.
5. This Court finds that Returning Officer has rightly relied
upon certificate that was tendered along with nomination, however,
petitioner can be relegated to post election remedy under Section 91
of Maharashtra Co-operative Societies Act, 1960 to raise election
dispute.
6. In that case, observations made herein-above would not
be impediment. With this liberty, Writ Petition stands rejected.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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