LAWS(BOM)-2023-7-208

PRASAD MADHUKAR JOSHI Vs. STATE OF MAHARASHTRA

Decided On July 05, 2023
Prasad Madhukar Joshi Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) We have heard the learned advocate for the petitioner, learned AGP and learned advocate Mr. S.K. Tambe who appears for the respondent Nos.2 to 4 namely State Cooperative Election Authority and the District Cooperative Election Officer, finally.

(2.) The petitioner who is a member of the respondent No.5 - Credit Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960 (herein after the Act) is challenging the decision of the Government dtd. 28/6/2023 purportedly taken in exercise of the powers under Sec. 73 CC and Sec. 157 of the Act, thereby postponing the elections of 6510 Cooperative Societies across the State for the reasons of likelihood of natural calamities and disruption of public commutation due to the impending rainy season. The elections have been postponed at the same stage till 30/9/2023.

(3.) We have heard both the sides extensively. It is necessary to mention at this stage that already in a group of matters decided by us by a common order in the matter of Balaji Kerba More Vs. The State of Maharashtra and others; (Writ Petition No.7252/2023 and the connected matters) on 30/6/2023 we have quashed and set aside the self same order to the extent of the Cooperative Societies which were before us in those petitions.