BABAJI KONDAJI GARAD ETC. vs THE NASIK MERCHANTS CO-OPERATIVE BANK LTD., NASIK & ORS.ETC

The Supreme Court held that the election conducted under the Maharashtra Cooperative Societies Act, 1960, was illegal as it failed to comply with the mandatory provisions of Section 73B, which requires the reservation of two seats for Scheduled Castes/Scheduled Tribes and the weaker section to be filled primarily by election. The Court emphasized that the election process must adhere to statutory requirements, and any deviation renders the election void. Consequently, the Court declared the election invalid and upheld the Additional Commissioner's decision to annul the election results.