1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8171 OF 2010 Vishnupant s/o Shankarrao Dhabekar & another .. PETITIONERS VERSUS Returning Officer Osmanabad Janta Sahakari Bank Ltd & another .. RESPONDENTS Mr. R.P. Bhumkar, advocate for the petitioners. Mr. D.J. Choudhary, advocate for respondent no. 1. Mr.A.N. Irpatgire, advocate for respondent no. 2. ===== CORAM : R. M. BORDE, J. DATE : 9 th SEPTEMBER, 2010. PER COURT : 1 Nomination papers tendered by the petitioners for contesting the elections to the seat of member of Managing Committee of Osmanabad Janta Sahakari Bank Ltd, Osmanabad (Multi State Bank) has been rejected on the ground that the petitioners have failed to attend the general body meetings on three consecutive occasions which is a disqualification within meaning of section 43(1)(a) of the Multi-State Co-operative Societies Act, 2002. 2 2 Section 43(1)(n) of the Act provides thus :- 43 Disqualifications for being a member of board (1) No member of any multi-State co-operative society or nominee of a member, society or a national co-operative society shall be eligible for being chosen as, or for being, a member of the board of such multi- State co-operative society or a national co-operative society, or of any other co-operative society to which the multi State co-operative society is affiliated, if such member - (n) absents himself from three consecutive general body meetings and such absence has not been condoned by the members in the general body. 3 In affidavit in reply tendered by the Returning Officer, it has been specifically stated that the General Manager of the Bank has informed that the petitioners were absent for three consecutive general body meetings held on 22-9-2007, 21-9-2008 and 18-8-2009. The Returning Officer has also further stated that he has perused the record in that respect and on being satisfied, he has rejected the nomination papers tendered by the petitioners. Considering this aspect of the matter, it cannot be said that the order passed by the Returning Officer is erroneous. No interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 3 of the Constitution of India. Petition is devoid of substance hence stands rejected. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/8171.10.odt