The central legal point established is the application and interpretation of the disqualification provision under Section 73CA(1)(f)(ii) of the Maharashtra Co-operative Societies Act, 1960.

JUDGMENT

1. By consent of the parties, heard finally at admission stage.

2. By way of this petition, the petitioners are challenging the order dated 03.02.2021 passed by respondent no.2-Election Officer, rejecting the objection raised by the petitioners against deletion of name of petitioner no.1 from the provisional voter list for the election of respondent no.4-Nanded District Central Co-operative Bank Limited (for short, "NDCC Bank") and thereby refused to include name of petitioner no. 1 in the final voter list of the said NDCC Bank.

3. Learned counsel for the petitioners submits that petitioner no.2 society held a meeting of its managing committee members on 16.01.2020 and passed a resolution recommending name of petitioner no.1 as its delegate. However, in the provisional voter list published on 14.01.2021 by the NDCC Bank, name of petitioner no.1 was disqualified. Petitioners therefore filed objection on 25.01.2021, requesting therein to include name of petitioner no.1 in the final voter list of NDCC Bank as the delegate of petitioner no.2-society. By the impugned order, respondent no.2-Election Officer rejected the objection raised by the petitioners on the ground that petitioner no.2-society, of which petitioner no.1 is the office bearer, is a defaulter of the NDCC Bank.

4. Learned counsel for the petitioners submits that respondent no.4 has issued orders/communication letters dated 23.02.2018 and 25.02.2019 informing thereby that the State Government has announced a scheme for drought areas for the years 2017-2018 and 2018-2019 respectively and the village Nandanvan came to be declared as drought zone area. This aspect has not been considered by the respondent authorities while declaring petitioner no. 2-society as a defaulter. Learned counsel submits that thus, the order passed by respondent no.2-Election Officer is totally arbitrary in nature and liable to be quashed and set aside.

5. Learned counsel Mr. Kadam appearing for respondent no.2-Election Officer submits that in terms of the provisions of Section 73CA(1)(f)(ii) of the Maharashtra Co-operative Societies Act, 1960 (for short, "Act of 1960") and the Rules, 1961, a person who is a defaulter of primary agricultural credit co-operative society or is an office bearer of the defaulter co-operative society, is not eligible for being appointed, nominated, elected, co-opted for being a member of the committee. The learned counsel submits that in the proclamation dated 18.12.2019, in column no.2, it has been made clear that the concerned society shall observe the provisions of Section 73CA(1)(i)(f)(ii).

6. Learned counsel Mr. Kadam further submits that apart from the above, on 17.12.2019, the NDCC bank had also published the proclamation in daily newspaper pointing out therein that the defaulter societies to clear their dues for exercising their rights by sending delegates in the ensuing election of the NDCC Bank. Learned counsel submits that the Assistant Registrar, Co-operative Societies, Taluka Kandhar has submitted his report dated 26.01.2021 stating therein that the petitioner no.2-society is a defaulter and since petitioner no.1 is the office bearer of the said society, he is not eligible for inclusion of his name in the final voter list of the NDCC Bank. Learned counsel submits that respondent no.2-Election Officer has therefore rightly passed the order. There is no substance in the Writ petition. Thus, the Writ Petition is liable to be dismissed.

7. I have also heard learned AGP for respondent nos. 1 and 4 and learned counsel Mr. Ingole for respondent no. 3-NDCC Bank. Learned counsel Mr. Ingole, on the basis of the record, submits that petitioner no.2-society is a defaulter society and petitioner no.1 is the office bearer of the said society.

8. I have carefully considered the submissions advanced by learned counsel for the respective parties. With their able assistance, I have perused the pleadings, the grounds taken in the petition and the annexures thereto.

9. Sect