PRUTHVIRAJ SAHEBRAO JACHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Petitions are filed by the Petitioners challenging the orders passed by the District Co-operative Election Officer rejecting the objections raised by them to the provisional list of voters.

(2.) Respondent No.5 -Shri Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka-Indapur, is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (MCS Act ) and which runs a sugar factory. Petitioners are members of Respondent No.5-Society. Considering the limited issue involved in the present Petitions, it is not necessary to narrate the detailed history of past litigations relating to elections of Respondent No.5- Society. It appears that the Society had filed Writ Petition No.282 of 2023 seeking directions against the election authorities for commencing the election process and to complete the same in a time bound manner. The said petition was disposed of by recording a statement on behalf of election authorities for commencing election process. Accordingly on 8/6/2023, a provisional list of voters was published by the District Cooperative Election Officer and after deciding the suggestions and objections, the final voters list was published on 28/7/2023. Petitioners and others filed Writ Petition Nos.9547 of 2023, 9557 of 2023 and 9558 of 2023 in this Court challenging the said voters list. During pendency of the said Petitions, the provision relating to active and non-active members came to be cancelled on 21/8/2023 and therefore the District Cooperative Election Officer decided to publish a fresh Voters List.

(3.) The said list dtd. 20/10/2023 was again withdrawn by the District Co-operative Election Officer and a fresh list was passed on 30/11/2023, which again became subject matter of challenge in a batch of Petitions filed before this Court. However, it was found that all the affected parties were not heard while passing order dtd. 30/11/2023 and accordingly list dtd. 30/11/2023 was also withdrawn by District Co-operative Election Officer. Accordingly, fresh provisional list of voters was published on 19/12/2023 for the purpose of grant of fresh opportunity to the Petitioners to raise their objections. By impugned order dtd. 8/4/2024, the District Co-operative Election Officer has rejected the objections raised by the Petitioners. Order dtd. 8/4/2024 is the subject matter of challenge in the present Petition.