BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these petitions raise an issue as to if by resorting to the provisions of Sec. 73 CC of the Maharashtra Cooperative Societies Act, 1960 and in exercise of the powers under Sec. 157 of that Act, the State Government can abruptly stall the election process midway particularly when only the voting is to take place on 2/7/2023 and the result is to be declared on 4/7/2023.

(2.) We have heard the learned Senior Advocates Mr. Hon and Sapkal as also the learned advocates Mr. Irpatgire and Suryawanshi for the petitioners. We have also heard learned A.G.P. and the learned advocate Mr. Kadam who appears for the State Cooperative Election Authority and the Returning Officers, finally.

(3.) Learned Senior Advocates would endeavour to demonstrate as to how arbitrary the decision has been. They would endeavour to point out that in spite of a specific limit of two extensions extending over a period of one year in aggregate and in spite of the fact that the State Government by resorting to the self-same provisions has already extended the elections of the Cooperative Societies not only once but more than four to five occasions beyond a period of one year, has resorted to the same provisions and has acted arbitrarily. They would point out that inconsistent with the mandate of the first proviso to Sec. 157 a lopsided decision has been taken without extending any opportunity to the concerned societies of being heard. They would also submit that care has been taken to carve out some exceptions while passing the impugned order dtd. 28/6/2023, wherever the societies whose elections have already been concluded except election of the office bearers and the societies where there are directions of the Supreme Court or High Court for holding of the elections.