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SANDEEP V. MARNE
Laxman Dattatray Jadhav – Appellant
Versus
Taluka Co-operative Election Officer and the Assistant Registrar Co-operative Societies – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule is made returnable forthwith. The learned advocate Mr. S.K. Kadam waives notice on behalf of respondent no. 1. At the joint request of the parties, the matter is heard finally at the admission stage.
2. The issue that has attracted the attention of this court is, whether an employee can continue as member of Salary Earners' Credit Co-operative Society and whether his name can be continued in voters list after his retirement from service.
3. The issue arises on account of order dated 12.11.2022 passed by the Taluka Co-operative Election Officer and the Assistant Registrar of Co-operative Societies, Parbhani directing deletion of names of petitioners from voters list on account of their retirements from service.
4. Brief facts of the case are that Sinchan Karmachari Sahakari Patsanstha Ltd. Parbhani has been established inter-alia with the objective of making available credit facilities to its members. It is registered as a Salary Earners’ Credit Co-operative Society. The members of the society are employees of Irrigation Department of the Government of Maharashtra. Five petitioners were employees of the Irrigation Department and also members
The main legal point established in the judgment is that retired employees can only continue as nominal members of a Salary Earners' Credit Co-operative Society under the Maharashtra Co-operative Soc....
The main legal point established in the judgment is that the State Co-operative Election Authority (SCEA) has the jurisdiction to issue directives for the preparation of electoral rolls and conduct o....
The automatic cessation of membership upon incurring disqualification and the lack of provision for membership revival.
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 2022 amendment to the Maharashtra Co-operative Societies Act removed the classification of members as active or non-active, necessitating a hearing before any deletion from the voters list.
The amendment to Section 26 of the Maharashtra Co-operative Societies Act eliminates the classification of active and non-active members, necessitating adherence to natural justice in determining vot....
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