Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Bom) 672

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.V. Gangapurwala, Shrikant D Kulkarni, JJ.
Bhausaheb - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Writ Petition No. 810 of 2021, 93 of 2021, 553 of 2021, 1057 of 2021, 1732 of 2021, 1737 of 2021, 1745 of 2021, 1876 of 2021, 2008 of 2021, 2049 of 2021; Civil Application No. 1021 of 2021, 1159 of 2021, 1361 of 2021, 1482 of 2021, 1585 of 2021
Decided On : 09-02-2021

Advocates appeared:
S.S. Thombre, Advocate, D.R. Kale, Advocate, S.K. Kadam, Advocate, D.J. Choudhari, Advocate, V.D. Hon, Advocate, P.D. Bachate, Advocate, R.N. Dhorde, Advocate, V.R. Dhorde, Advocate, N.V. Gaware, Advocate, C.V. Thombre, Advocate, V.H. Dighe, Advocate, P.D. Pachate, Advocate, S.T. Shelke, Advocate, V.A. Bagal, Advocate, M.S. Deshmukh, Advocate, N.B. Kandhare, Advocate, M.P. Tripathi, Advocate, N.R. Pawade, Advocate, K.J. Suryawanshi, Advocate

The main legal point established in the judgment is that the term of the managing committee of cooperative societies should not be extended beyond the statutory period prescribed in the Maharashtra Cooperative Societies Act, 1960, and the discretion of the State Cooperative Election Authority in fixing the cut-off date for voters list preparation is crucial.

Headnote:
Election Postponement - Cooperative Societies - Maharashtra Cooperative Societies Act, 1960, Section 73AAA, Section 73CB, Rules 2014 - The court discussed the provisions of the Maharashtra Cooperative Societies Act, 1960, including Section 73AAA and Section 73CB, as well as Rules 2014, in the context of the postponement of elections for cooperative societies due to the Covid-19 pandemic. The court emphasized the constitutional and statutory provisions governing the term of office of elected members and the discretion of the State Cooperative Election Authority in fixing the cut-off date for voters list preparation.
Fact of the Case:

The elections for various cooperative societies were postponed due to the Covid-19 pandemic, leading to a dispute over the cut-off date for finalizing the voters list. The petitioners argued that the term of the managing committee should be extended due to the postponement of elections, while the respondents contended that the term should not be extended beyond the statutory period.
Finding of the Court:

The court found that the term of the managing committee should not be extended beyond the statutory period prescribed in the Maharashtra Cooperative Societies Act, 1960. It held that the State Cooperative Election Authority has the discretion to fix the cut-off date for voters list preparation, considering the term of the committee and the eligibility of voters.
Issues: The main issue was whether the term of the managing committee of cooperative societies should be extended due to the postponement of elections, and the related issue of the cut-off date for finalizing the voters list.
Ratio Decidendi: The court relied on the constitutional and statutory provisions governing the term of office of elected members, emphasizing that the term should not be extended beyond the prescribed period. It also highlighted the discretion of the State Cooperative Election Authority in fixing the cut-off date for voters list preparation.
Final Decision: The writ petitions were disposed of, and the court rejected the request for extension of the interim order, emphasizing the authority of the State Cooperative Election Authority in determining the cut-off date for voters list preparation.

JUDGMENT

Shrikant D Kulkarni, J. - All the writ petitions are based on similar set of facts and involve common question of law, to avoid rigmarole, are decided by the common judgment.

2. The cut off date for preparing / finalizing the voters list for the election of the federal societies viz. Beed District Central Cooperative Bank. Parbhani District Central Cooperative Bank. Aurangabad District Central Cooperative Bank and the village level societies is the issue germane to decide the present lis.

3. The term of the members of the managing committee of these federal societies came to an end on 06.05.2020.

4. The provisional voters list for Beed District Central Cooperative Bank is published on 29.02.2020. For Parbhani District Central Cooperative Bank, the provisional voters list is published on 16.03.2020 and for Aurangabad District Central Cooperative Bank it is published on 04.01.2021. The final voters list for Beed District Central Cooperative Bank is published on 22.03.2020. For Parbhani District Central Cooperative Bank it is published on 20.01.2021 and for Aurangabad Central Cooperative Bank it is published on 27.01.2021.

5. The elections of these federal societies could not be held within the stipulated period because of the prevalent extraordinary situation emerging on account of Covid-19 pandemic. The elections were postponed under the executive instructions of the State Government from time to time.

6. According to the petitioners, as the elections are postponed and are to be held beyond five years of the term of the members of the managing committee of the societies the cut off date to finalize the voters list including the date of eligibility of a valid voter also stands axiomatically extended.

7. Mr. Thombre, Mr.Khandare, Mr. Bagal, Mr. Suryawanshi, learned counsel for the petitioners in respective writ petitions canvassed their submissions. The contour of their submissions are hitherto are.

8. Proviso to sub-section 3 of Section 73AAA of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "Act 1960) is introduced, wherein it is provided that if the election to the committee of the society could not be held for any reason not attributable to the members of the committee of said society, the existing members of the committee shall be deemed to have continued till new committee is duly constituted. By legal fiction the terms of the existing members of the committee is deemed to be continued till new committee is duly constituted. When the elections are postponed, the term of existing members of the duly constituted committee is also extended. The reliance is also placed on proviso to sub-section 15 of Section 73CB, wherein it provides that in respect of such society, the committee shall continue to hold the office till such period of six months or declaration of election of such society whichever is earlier.

9. Referring to Rule 9 sub rule (2) of Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (hereinafter referred to as Rules 2014) it is submitted that the period of three years provided in sub-section (3) of section 27 of the Act is to be counted from the date of enrollment of member to the date when election of the managing committee of the society becomes due. It is submitted that the period of three years would stand extended if the elections are also extended and in such a case proviso to sub-rule 2 of Rule 9 provides for the different date to be fixed by the SCEA. Similar provision finds place in Rule 6 of the Rules 2014.

10. It is further submitted that the very purpose of holding the elections democratically is to invite participation of large number of members. The said theme of democratic process would be frustrated if narrow view is taken in a sense that though the managing committee members remain in the office till the extended period, the term would not be extended. That would not be in tune and spirit with the amended provisions under section 73AAA and 73CB as ref

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