PRABHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for the appearing parties finally by consent.

(2.) Present writ petition has been filed by the petitioner for following reliefs :-

(3.) The petitioner contends that he is resident of Digras, Taluka Udgir, District Latur and he is a valid member of respondent No.5 and, therefore, entitled to participate and vote in the election process of respondent No.5. Respondent No.5 was established and registered in the year 1974 having area of operation of entire Udgir Taluka, however, in the year 1999, two Talukas, namely, Deoni and Jalkot came to be established carving out some area from erstwhile Udgir Taluka. Thereafter, two independent Cooperative Kharedi Vikri Sangh namely respondent Nos.6 and 7 came to be established in the year 2002 under the provisions of Maharashtra Cooperative Societies Act, 1960 having area of operation of those respective Talukas. Respondent No.3 was bound to ask respondent Nos.6 and 7 to prepare valid membership list by incorporating names of members in the membership register from the respective Talukas as per their by-laws and upon preparation of such list, the consequence should have been to remove the names of those persons from the register of membership from respondent No.5. Respondent No.5 failed to hold elections within specified time and, therefore by invoking powers under Sec. 73H of the Maharashtra Cooperative Societies Act, 1960, Administrator came to be appointed on 10/10/2011. Thereafter the elections of Managing Committee of respondent No.5 was held in the year 2016 for the term of 2016-2021. The Managing Committee which came to be elected still continued to hold the office till the filing of the petition. But prior to that when Government Administrator was appointed in 2011, a resolution was passed to send a proposal dtd. 31/10/2011 for request to transfer members of respondent No.5, who were residing within the area of operation of newly established respondent Nos.6 and 7. The said proposal was forwarded by respondent No.4 to respondent No.3 by letter dtd. 2/11/2011. Resolution No.2 was adopted by respondent No.5 in the meeting held on 7/4/2012 thereby cancelling membership of those members, who were not falling within the area of operation of respondent No.5, in view of Sec. 25 of the Maharashtra Cooperative Societies Act, 1960. The share amounts of those members were kept in suspense account. In spite of repeated requests, the newly established respondent Nos.6, 7 and 9 were not incorporating the names of the members those falling within their jurisdiction, who were the members of erstwhile respondent No.5. Respondent No.4 thereafter addressed a letter dtd. 28/2/2012 to respondent No.3 to issue directions to respective Sangh's to effect the said enrollment of the members. Even after lapse of more than ten years of order dtd. 20/3/2012 issued by respondent No.3 to take action as per the letter of Administrator appointed on respondent No.5 dtd. 27/2/2012, respondent Nos.6, 7, 9 and 10 have failed to make compliance of the same. The petitioner has given a letter on 5/6/2023 to respondent No.2 pointing out all these facts and to carry out the orders and in view of his representation, the respondent No.2 asked respondent No.3 by order dtd. 13/6/2023 to take appropriate action in the light of the representation. Still, there is no progress, hence, the petitioner has filed the present petition.