Point of Law: Maharashtra State Co-operative Election Authority - Cut-off date for election - Election Authority rejecting to extend cut off date without recording sufficient reasons has not been exercised judiciously and without considering the ground reality prevailing on date of impugned order and is an act or omission which calls for this Court’s interference

JUDGMENT :

R.D. Dhanuka, J.

Rule. Learned counsel for the respondents waive service. By consent of parties petition is heard finally.

2. By this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of mandamus for quashing and setting aside the order dated 10th February, 2021 passed by the Maharashtra State Co-operative Election Authority and the letter dated 18th February, 2021 issued by the said Authority (for short ‘the said Election Authority’). The petitioners have also prayed for an order and direction against the respondent nos. 1 to 3 to extend the cut-off date for the election of the respondent no.4 federal society for the term of 2021-2026 from 21st June, 2020 and to treat the petitioners as eligible and active members and to include their names in the list of primary societies for the purpose of preparation of voters list.

Some of the relevant facts for the purpose of deciding this writ petition are as under :-

3. The petitioners are the Primary Co-operative Milk Societies and are the members of the respondent no.4 federal society. The said Election Authority is responsible for conducting the election of the respondent no.4 federal society. The petitioners were registered as primary milk societies and became members of the respondent no.4 federal society on 29th June, 2017.

4. On 22nd June, 2015, the election of the respondent no.4 federal society was conducted for the term 2015-2020. The term of the Managing Committee was due to expire on 21st June, 2020. On 24th December, 2019, the respondent no.4 federal society forwarded a list of primary societies in the Mulshi Taluka, District Pune that were eligible with reference to the cut-off date as per Rule 9 of the Maharashtra Cooperative Societies (Election to Committee) Rule, 2014. Since, the term of the Managing Committee of the respondent no.4 federal society was due to expire on 21st June, 2020, the said date was treated as a cutoff date while determining the eligibility of the primary society. The name of the petitioners were not included in the said list forwarded by the respondent no.4 federal society.

5. On 6th January, 2020, the respondent no.3 issued a public notice qua election of the respondent no.4 for the term from 2020-2025. The primary societies were required to submit resolutions with the names of their authorized representatives who would be included in the voters list for the election of the respondent no.4 federal society during the period 13th January, 2020 to 12th February, 2020. The cut-off date fixed for determining the eligibility was specified in the said notice as 21st June, 2020. It is the case of the petitioners that in view of the proviso to Section 27 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘the said MCS Act’), the petitioners’ societies would complete three years of membership on or about 28th June, 2020, which was eight days after the said cut-off date.

6. It is the case of the petitioners that on 31st January, 2020, the State Government issued a Government Resolution halting the election process and deferred the election by a period of three months. During the period between March 2020 to February 2021, the State Government postponed the said election from time to time due to outbreak of covid-19 pandemic. On 2nd February, 2021, the State Government directed that the elections to Co-operative Societies be resumed. On 9th February, 2021, the petitioners submitted a representation to the Election Authority contending that the petitioners were meeting all the criteria to be treated as eligible for voting for the election of the respondent no.4 federal society. However, since the cutoff date was fixed as 21st June, 2020 the petitioners were short by about eight days. It was contended by the petitioners that since the elections were being deferred by a period of more than one year, the cut-off date be extended and the petitioners be treated as eligible.

7. On 10th February,