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Punjab & Haryana HC held that in a two-candidate panchayat poll, if winning candidate not an elector is disqualified, their votes treated as invalid, rival declared elected if they have a majority of valid votes, removing need to prove voter awareness.
Bombay HC rules that failure to supply society records within 45 days under Section 154B-8 of the Maharashtra Co-operative Societies Act triggers automatic disqualification, rejecting 'substantial compliance' arguments. The judgment reinforces statutory transparency obligations for co-operative society office-bearers, impacting committee members across Maharashtra.
Bombay HC quashes disqualification orders under the Maharashtra Co-operative Societies Act where show cause notices failed to explicitly warn elected representatives of the disqualification consequence. The court reaffirms that procedural fairness mandates clear disclosure of potential penalties to ensure an effective opportunity of defense.
The Bombay High Court has ruled that statutory disqualification of a co-operative society’s managing committee, ordered under Section 75(5) of the MCS Act, is invalid if influenced by external political pressure through elected representatives. This reinforces that statutory authorities must act independently, safeguarding co-operative governance from undue interference by public officials or political actors.
The Bombay High Court has ruled that disqualification under Section 75(5) of the Maharashtra Cooperative Societies Act requires formal legal office-holding, not mere de facto control after tenure expiry. This sets a vital precedent for cooperative societies, protecting former members from retrospective liability and reinforcing statutory compliance over functional continuity.
Bombay High Court rules that disqualification of co-operative society office-bearers under Section 82(4) of the Maharashtra Co-operative Societies Act mandates proof of actual audit irregularities, not just failure to submit a rectification report. The judgment clarifies that audit reports must explicitly identify defects or lapses to trigger statutory compliance obligations.