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 Societies Act, 1960, and are not entitled to vote.

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 of the society. They were also elected on the Board of Directors of the Society.

5. Petitioners have retired from service. A complaint dated 16.07.2019 was made alleging that they continued to function on the Board of Directors despite their retirements. On that application, an order came to be passed on 18.11.2019 by the Assistant Registrar of Co-operative Societies, Parbhani inter-alia removing them from the posts of Director. On an appeal being preferred by them before the Divisional Joint Registrar of Co-operative Societies, Aurangabad, order of the Assistant Registrar came to be set aside. The complainants, at whose instance the Assistant Registrar had passed order removing petitioners from the post of Director, filed Writ Petition No. 6178 of 2020 which came to be disposed of on 18.08.2022 granting liberty to them to prefer a revision before the State Government under Section 154 of the Maharashtra Co-operative Societies Act, 1960 (in short ‘Act of 1960’). This is how the petitioners continued to hold the post of Directors of the Society.

6. As the term of Board of Directors of the Society had come to an end, elections for appointment of new Board of Directors are scheduled to be held. By letter dated 29.10.2022 a provisional voters’ list was published inviting objections. It included names of petitioners. Respondent no. 3 objected to inclusion of their names in the provisional voters list and sought deletion of their names. After submission of replies and after conducting hearings, the Taluka Co-operative Election Officer and Assistant Registrar of Co-operative Societies, Parbhani passed order dated 12.11.2022 deleting the names of petitioners from final voters list on the ground that they had retired from service. It is held that retired employees can be treated as nominal members of the Society under the provisions of Section 144-5A of the Act of 1960. It is further held that under the provisions of Section 24 (2), nominal members are not entitled to vote. On these grounds, the names of petitioners have been deleted from the voters list. The order dated 12.11.2022 is the subject matter of challenge in the present petition.

7. Mr. Suryawanshi, the learned counsel for the petitioners would submit that the membership of petitioners has not been terminated under Section 11 of the Act of 1960. That they continue not only as members, but also as Directors of the Society. Placing heavy reliance on the order passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad dated 10.02.2020 Mr. Suryawanshi would contend that the issue with regard to continuance of petitioners as members as well as Directors has been finally settled and the same cannot be reopened. He would further submit that the Election Officer can otherwise not decide any