Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N. Jadhav, Abhay Ahuja, JJ.
Ashwini Sayaji Patil & Ors. - Appellants
Versus
State Of Maharashtra & Ors. - Respondents
Writ Petition No. 6180 of 2022 With Interim Application No. 3288 of 2022
Decided On : 04-06-2022
Writ Petition - Co-operative Society Membership Dispute - Maharashtra Co-operative Societies act, 1960 - Section 11, Section 25, Section 91, Section 101, Rule 78, Rule 91 - The court discussed the eligibility of the petitioners as agriculturists and residents of the society, the election program, and the challenge to the impugned orders. The court directed the petitioners to approach the Respondent No. 3 individually with necessary documentation for determination of their eligibility.
Fact of the Case:
The petitioners sought relief from the court to quash and set aside orders disqualifying them from membership of a co-operative society and deleting their names from the final voter list. The urgency arose due to the upcoming society election.
Finding of the Court:
The court found that the statutory authorities had not considered the eligibility of each petitioner individually and directed them to approach the Respondent No. 3 with necessary documentation for determination of their eligibility.
Issues: The primary issue was the eligibility of the petitioners as agriculturists and residents of the society, and the challenge to the impugned orders.
Ratio Decidendi: The court held that the statutory authorities had not considered the eligibility of each petitioner individually and directed them to approach the Respondent No. 3 with necessary documentation for determination of their eligibility.
Final Decision: The court directed the petitioners to approach the Respondent No. 3 individually with necessary documentation for determination of their eligibility.
JUDGMENT
Milind N. Jadhav, J. - Heard learned counsel appearing for the respective parties. The Writ Petition is taken up for final hearing at the stage of admission. Pleadings are completed.
2. By the present Writ Petition, the Petitioners have prayed for the following reliefs:
a) That this Hon'ble Court be pleased to call for the record and proceedings before ld. asst. Registrar, co-operative societies, Taluka - ajara, Dist-Kolhapur on 22.11.2021 outward No. order/367/2021 and appeal No. 244/2021 before ld. Divisional Joint Registrar, Kolhapur division, Kolhapur and Revision application No. 72/2022 before the Hon'ble Minister - Co-operation.
b) Upon perusing the record of the Respondent No. 1 to 3 this Hon'ble Court may be pleased to quash and set aside the order passed by the ld. asst. Registrar, co-operative societies, Taluka - ajara, Dist-Kolhapur on 22.11.2021, ld. Divisional Joint Registrar, Kolhapur division, Kolhapur on 12.01.2022 and order dated 07.03.2022 passed by the Hon'ble Minister, co-operation.
b(i) That this Hon'ble Court be pleased to quash and set aside the order dated 13.04.2022 and 19.04.2022 passed by District Co-operative Election Officer and District Deputy Registrar, Co-operative Society, Kolhapur, disqualifying as member and deleting the names of the Petitioners from the final list of voter of respondent No. 4 society.
b(ii) That this Hon'ble court be pleased to allow the Petitioners to participate in the forthcoming election of Respondent No. 4 society restoring their names in the final list of voters of Respondent No. 4 society and allow them to participate as candidate to contest election and to vote as member of Respondent No. 4 society."
3. One of the reason pleaded for urgency to hear the present petition is that the election program of the Respondent No. 4 - Society, voting is to be held on 05.06.2022. Being disqualified from the membership of the Society the names of the Petitioners do not appear in the final voting list of the Society. Hence the Petitioner have moved the Vacation Bench.
4. The Petitioners claim to be agriculturalist and residents of village Korivade and Harapvade, Taluka ajara, District Kolhapur. It is claimed that they hold lands in the above villages. Purported proof of land holdings in the form of revenue records has been submitted alongwith the Petition before the Court. Respondents' preliminary objection is that the purported record of land holdings in the above villages have been placed on record for the first time by the Petitioners in the present proceedings; that the Petitioners had never produced the same before the statutory authorities during the statutory proceedings. The second objection is that the Petitioners are not agriculturists.
5. Respondent Nos. 5 to 8 who are the original complainants, filed application under Sections 11 and 25 of the Maharashtra Co-operative Societies act, 1960 (for short 'the said act') before the Competent authority i.e. Respondent No.2 seeking a declaration that the Petitioners being non-agriculturists and non-residents of the aforementioned two villages be disqualified from membership of the Respondent No. 4 Society. Respondent No. 3 heard the parties and allowed the application by order dated 22.11.2021 holding that Petitioner Nos.1 to 30 are not agriculturists and 31 to 77 are neither agriculturists nor are residents of the area of operation of the Society. On 22.11.2021, the Petitioners filed statutory appeal under Section 154 of the said act before the Respondent No. 2. It was stated that the Respondent No. 3 did not give a fair opportunity to the Petitioners to place on record proof of the Petitioners' being agriculturists as also proof of their respective residence within the jurisdiction of the Society and proceeded to pass the impugned order in violation of the principles of natural justice. Petitioners claim to have been admitted as members of the Respondent No. 4 Society in 1998 and 2008.
6. Petitioners claim that in terms of clau
The main legal point established in the judgment is that the eligibility of each petitioner as agriculturists and residents of the society must be considered individually by the statutory authorities....
The main legal point established in the judgment is the prima facie evidence of the membership register and the limitations on the jurisdiction of deciding the claims and objections to the voters lis....
The judgment emphasized the importance of following the statutory process for membership deletion under the Maharashtra Co-operative Societies Act, 1960, and highlighted the need for a properly insti....
The main legal point established in the judgment is the application of Section 73CA(1)(f)(ii) of the Maharashtra Cooperative Societies Act, 1960, which prescribes the disqualification of a person who....
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
The central legal point established in the judgment is that the absence from the I and J register alone cannot justify the exclusion of voters from the final voters list. The court emphasized the sig....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
