RAMCHANDRA JAKAPPA NANDAVADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The challenge raised in this writ petition filed by 47 members of Shri Hanuman Sahakari Dugdh Utpadak Sanstha (for short, 'the Society') a co-operative society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short, 'the Act of 1960'), is to the provisional voters list published on 14/02/2025 as well as the election programme for conducting elections to the Managing Committee of the Society published on 11/03/2025. The petitioners also pray that a fresh voters list be published by including their names and thereafter conduct the said elections.

(3.) The facts relevant for considering the challenge as raised in the writ petition are that the elective term of the Managing Committee of the Society came to an end some time in 2022. However, the fresh elections were postponed for one reason or the other. The provisional voters list came to be published on 14/02/2025 containing names of 132 members enrolled upto 31/03/2022. Since the names of about 59 members were excluded from the provisional voters list, the said members raised an objection before the Assistant Registrar on 18/02/2025. The Assistant Registrar on 25/02/2025 heard the objections and held that as the said 59 members were supplying milk to another co-operative society which was against bye-laws of the Society, they had ceased to be members of the Society. The petitioners being aggrieved by the aforesaid order rejecting their objections approached the Taluka Co-operative Election Officer by invoking the provisions of Rule 11(3) of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (for short, 'the Rules of 2014'). The Election Officer considered the objections as raised. He held that as the said 59 members were stated to be supplying milk to another co-operative society, they had ceased to be members of the Society. On this ground , the objection was turned down. Thereafter, the election programme for holding elections to the Managing Committee came to be declared on 12/03/2025. It is in this backdrop that the petitioners have filed the present writ petition.