The resignation of the Chairman was of a unilateral character and came into force immediately, creating a vacancy in the post of Chairman. The decision to appoint an authorized officer to hold the election was valid and in accordance with the statutory mandate. The tenure of the existing Board of Directors was extended by Maharashtra Ordinance No. XII of 2020, and the election to the post of Chairman was held in compliance with the law. The allegation of malafide in calling the elections was baseless and without substance.

JUDGMENT :

S.J. Kathawalla, J.

1. By the above Writ Petition, the Petitioners seek to challenge the Order dated 13th August, 2020 (Exhibit F page 31) (‘the Impugned Order’) passed by the Respondent No.3 – The Secretary, State Co-operative Election Authority, appointing Respondent No.2 – the Divisional Deputy Registrar, Co-operative Societies (Dairy), Pune Division, Pune, to hold an election to the post of Chairman of Respondent No.4 Society and a restraint order from holding the meeting of the Board of Directors of Respondent No.4 Society.

2. The Petitioner Nos.1 to 4 are four of the 17 Directors of the Respondent No.4 – The Solapur Zillah Dudha Utpadak Sangha, a Co-Operative Society, duly registered under the Co-operative Societies Act, 1960, which functions as per its byelaws. Respondent No.1 is the State of Maharashtra, through the Department of Co- Operation and Textiles, Mantralaya, Mumbai. Respondent No.2 is the Divisional Deputy Registrar, Co-operative Societies (Dairy)-Pune and is the District Co-Operative Election Officer. Respondent No.3 is the Secretary, State Co-Operative Election Authority - Pune, a statutory body duly established pursuant to the provisions of Section 73-CB of the Maharashtra Co-operative Societies Act, 1960 and who has passed the Impugned Order dated 13th August, 2020 appointing Respondent No.2 for holding/conducting a meeting of the Respondent No.4 for the purpose of election of the Chairman of the Respondent No.4. Respondent No.5 was the Chairman of Respondent No.4. By his Letter dated 19th March, 2020, Respondent No.5 tendered his resignation as the Chairman of the Board of Directors of Respondent No.4.

3. The Petitioners have in the above Writ Petition stated/submitted as follows:

3.1 That in the year 2015, General Elections of Respondent No.4 took place. Respondent No.5 was elected as Chairman on 3rd July, 2015. The tenure of the existing Board of Directors came to an end on 23rd June, 2020. However, on account of the pandemic, the Respondent No.1 has postponed the elections of all the Co- Operative Societies in the State of Maharashtra the tenure of whose Board/Managing Committee is already over.

3.2 On 19th March, 2020, the Chairman of the Respondent No.4 i.e. Respondent No.5 herein, tendered his resignation and had asked the Board of Directors to approve the same.

3.3 On 16th April, 2020, the Managing Director of Respondent No.4 addressed a Letter to the Respondent No.2 – the Divisional Deputy Registrar, Co-Operative Societies (Dairy) - Pune and the District Co-Operative Election Officer, informing him that Respondent No.5 has tendered his resignation as Chairman of Respondent No.4. However, since a meeting of the Board of Directors could not be held due to the pandemic, the said Board has not taken any decision on the same. The Managing Director of Respondent No.4 had clarified in the said Letter that the same was addressed to Respondent No.2 for his information and to seek his guidance.

3.4 Respondent No.2, in turn, addressed a Letter dated 14th May, 2020 to the Respondent No.3 recording that Respondent No.5 has tendered his resignation as the Chairman of the Respondent No.4 on 19th March, 2020. However, a meeting of the Board of Directors has not been held due to the pandemic. Guidance with regard to the resignation, as well as further action was requested.

3.5 On 12th June, 2020 a meeting of the Board of Directors of Respondent No.4 was held. At the said Meeting, the resignation letter of Respondent No.5 was read over and it was decided not to accept the resignation of Respondent No.5 immediately and to keep the same in abeyance.

3.6 Respondent No.2 – the Divisional Deputy Registrar, Co-Operative Societies (Dairy) – Pune, submitted his Report dated 20th July, 2020 to the Respondent No.3 – the Secretary, State Co-operative Election Authority, recommending holding of an election to appoint a Chairman of the Board of Directors of Respondent No.4 and to appoint an officer to conduct the election pr