JAGDISH LAHU BADHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned Government Pleader waives notice for respondents nos. 1 to 5 and learned advocate Mr. Thoke waives notice for the respondents nos. 6 to 15. By consent of the parties, the matter is heard finally at the stage of admission.

(2.) By way of this petition under Article 226 and 227 of the Constitution of India, the petitioners are impugning the order dtd. 29/7/2022, of the respondent no. 4 - who is Divisional Deputy Registrar (hereinafter 'DDR') of Co-operative Societies, in purported exercise of the powers under sec. 77A of the Maharashtra Cooperative Societies Act, 1960 (hereinafter the 'Act').

(3.) The petitioners are the elected managing committee members of the Jalgaon Zilla Dudh Utpadak Sangh Ltd. registered under the Act, for a period 2015-2020. Their term was to expire during the COVID-19 pandemic. The elections of all the co-operative societies in the State were postponed from time to time and lastly till 30/9/2022 by a Government decision. It is the case of the petitioners that their society also prepared a provisional voters' list as per the directions of the authorities giving full particulars as is required by the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (hereinafter 'the Rules'). Necessary election expenses were also deposited. It is their allegation that because of the change in the Government where a new coalition has taken over at the State level, with an ulterior motive and mala fide, the new Government took a decision to remove the petitioners who belong to a political party now in the opposition. It is also alleged that on the directions of the Chief Minister dtd. 28/7/2022, the respondent no. 4 - DDR has obliged by passing the order under challenge.