The main legal point established in the judgment is the requirement for a petitioner to demonstrate legal injury and violation of personal rights to challenge legislative amendments under Article 226 of the Constitution of India.

JUDGMENT :

V.G. Bisht, J.

1. Rule. Rule made returnable forthwith. By consent of parties, heard finally at the stage of admission.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court with following prayers :

“PRAYERS

A. To hold and declare that proviso to Section 73AAA (3) and proviso to Section 73(CB)(15) of the Maharashtra Co-operative Societies Act, 1960 as inserted by the Maharashtra Ordinance No.XII of 2020 (Exhibit “K”) is ultra-vires Articles 14, 19(1) (c), 243-ZJ and 243ZK of the Constitution of India;

B. To direct the respondents to appoint administrators or Committee of Administrators to manage the affairs of all such cooperative societies in Maharashtra terms of which have expired, by issuing a writ of mandamus or any other appropriate writ, order or direction, as the case may be;

C. To quash the impugned order dated 17.06.2020 issued by the Under-Secretary, Cooperation, Marketing and Textiles Department, Mantralaya, Mumbai-32 (Exhibit “J”), by issuing a writ of certiorari or any other appropriate writ, order or direction, as the case may be.

G. To hold and declare that proviso to Section 73AAA(3) and proviso to Section 73CB(15) of the Maharashtra Cooperative Societies Act, 1960 as inserted by the Maharashtra Ordinance No.XII of 2020 (Exhibit “N”) is ultra-vires Articles 14, 19(1) (c), 243-ZJ and 243-ZK of the Constitution of India.”

3. The petitioner claims to be a member of Balgawade Vividh Karyakari Sahakari (Vikas) Seva Society, Balgawade, Talukar Tasgaon, District Sangli. The said Vividh Karyakari Sahakari (Vikas) Seva Society, Balgawade is affiliated to Sangli District Central Co-operative Bank, Sangli. It is the case of petitioner that he has been actively involved in social service since 1972. According to him there are about 35,000 Cooperative Societies including Cooperative Sugar Factories (SSKs), Cooperative Ginning Mills, District Central Cooperative Banks (DCCBs) and multipurpose Cooperative Credit Societies at village level in the State of Maharashtra.

4. The elections of Managing Committees of the Cooperative Societies including SSKs, DCCBs, Primary Agricultural Cooperative Societies at village level including 22 District Central Cooperative Banks were due by the end of January 2020. The State of Maharashtra in its Department of Cooperation, Marketing and Textiles issued two orders on 27th January 2020 (Exh. C) and 31st January 2020 (Exh. D) postponing elections of Managing Committees of all such Cooperative Societies which were due for elections in exercise of powers under Section 157 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the said Act”).

5. According to the petitioner, the Government Orders dated 27th January 2020 and 31st January 2020 were challenged as the same were contrary to the spirit of Articles 243-ZJ and 243- ZK and also on the ground of those orders being violative of fundamental rights guaranteed under Article 19(1)(c) and at the same time ultra-vires Article 14 of the Constitution of India. This Court (Aurangabad Bench) vide order dated 11th March 2020 quashed and set aside the said orders passed by the respondent no.1 holding them to be illegal, arbitrary and ultra-vires the constitutional provisions embodied in Articles 243-ZJ and 243-ZK of the Constitution of India as well as Sections 73CC and 157 of the said Act.

6. Meanwhile, the Government introduced a Bill (Exh. F) on 2nd March 2020 in the State Legislature so as to amend Section 73CC to enable postponement of the elections of the Managing Committees of Co-operative Societies in the State of Maharashtra including the District Central Co-operative Banks, Primary Agricultural Credit Societies and Co-operative Sugar Factories. However, none of the grounds or exigencies mentioned in the Statement of Objects and Reasons such as scarcity, drought, flood, fire or any other natural calamity were available on 2nd March 2020. As such, there was no