Summary: Shashikant Gaikwad, a member of a cooperative society, faced being kicked out of his position under two rules from the Maharashtra Cooperative Societies Act, 1960. The court agreed with the decision, leaving Gaikwad out of his role.
Shashikant Gaikwad was caught in a legal mess because of his roles in two cooperative societies. Initially, he was elected to the Managing Committee of Dr. Babasaheb Ambedkar Society on December 26, 2021, and then to the Akola Zilla Parishad Society on January 10, 2022. The problem started because he quit his first position more than ten days after the election results, which led to being kicked out under Rule 73A of the Maharashtra Cooperative Societies Act, 1960.
Gaikwad's disqualification was challenged on two main points:
Rule 73A: This rule kicks out members who hold jobs in different societies at the same time. Gaikwad argued that he never had a top position in both societies at the same time.
Rule 73CA: This rule is about being kicked out because of breaking society rules. Gaikwad was accused of not having the required five years of service left, according to the society's rules.
The court, led by Judge Prafulla S. Khubalkar, looked over the arguments and evidence. Despite Gaikwad's defense, the court found him kicked out under Rule 73CA because of breaking society rules. The judge pointed out that Gaikwad didn't challenge this finding well enough.
"The petitioner has failed to raise any grounds to challenge the disqualification under Section 73CA," the judgment stated.
Gaikwad's legal team, led by Senior Advocate M.G. Bhangde, argued that the orders for being kicked out were misunderstood. However, the opposing lawyers, including Senior Advocate C.S. Kaptan, argued that Gaikwad's disqualification was fair under the Act's rules.
The court dismissed Gaikwad's request to cancel the disqualification, confirming he was kicked out. A temporary relief allowed Gaikwad to keep his position for a short time but limited his decision-making powers. This relief was set to end three weeks after the judgment.
The court decided that Shashikant Gaikwad was rightfully disqualified for not following the rules of the cooperative society, and his attempts to overturn the decision were unsuccessful.
For those interested in cooperative law, this case underscores the importance of understanding and complying with all relevant legal requirements to avoid disqualification and other legal challenges.
