JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally.

2. By way of present Writ Petition, the petitioners are challenging the impugned order dated 10.03.2023 passed by the respondent no. 2 – Taluka Returning Officer & Assistant Registrar, Co-operative Society, Mukhed, deleting the names of the petitioners from the provisional voters list for being defaulters under Section 73 (CA) (1), 75 (2) and 27 (10) of the Maharashtra Co-operative Societies Act, 1960 [for short ‘the Act of 1960’].

3. The elections to the respondent no. 4 – Vivid Karyakari Seva Sahakari Sanstha, Betmogra was due. The election programme for preparation of the voters list was published on 23.01.2023 for the term of 5 years i.e. 2023 to 2028. As per the scheduled programme, the provisional voters list was published on 24.01.2023. The objections to the provisional voters list were invited from 24.01.2023 to 02.02.2023. Hearing on the same was fixed from 02.02.2023 to 08.02.2023. The last date for withdrawal of nomination is on 10th April, 2023 and 16th April, 2023 is the date for polls. The names of the petitioners were in the provisional voters list and the objections were raised against the petitioners that 12 petitioners are the members of Madhav Upsa Jal Sinchan Co-operative Society and they have taken loans from the said society and have defaulted on the repayment of the loans. Remaining 8 petitioners are the legal heirs of the defaulter members of Madhav Upsa Jal Sinchan Cooperative Society.

4. The facts in this matter are not disputed that out of 20 petitioners, 12 petitioners are defaulters of the Madhav Upsa Jal Sinchan Co-operative Society and remaining 8 petitioners are the legal heirs of the defaulters members of the said society. However, none of the petitioners are the defaulters of the respondent no. 4 – Vividh Karyakari Seva Sahakari Sanstha, for which elections are held.

5. On the objection raised, the respondent no. 2 – Taluka Returning Officer and Assistant Registrar, Cooperative Society, Mukhed passed the impugned order dated 10.03.2023 wherein it has held that as per the provisions of the Maharashtra Co-operative Societies Act, a voter or family member of the voter should not be a defaulter of any society, therefore, considering the provisions of the Act of 1960, the names of the petitioners are not included in the final voters list as they are defaulters of some other society. The respondent no. 2 – Returning Officer held that if the petitioners or his family members are defaulters of any Cooperative Society, they are barred under Section 73 (CA) (1) read with 75 (2) and 27 (10) of the Act of 1960, from voting in the election to any co-operative society.

6. The question of law that arises for consideration in this case is that “If the member of a society is a defaulter of any other society whether he is barred from casting vote in the elections of the society of which he is not a defaulter?

7. The relevant provisions of Section 27 (10), 73CA and 75 (2) of the Maharashtra Co-operative Societies Act, 1960, are as under :

27. Voting powers of members

[(10) [If a member has taken a loan from the society, such member shall, whenever he is a defaulter, as provided in the Explanation to clause (i) of sub-section (1) of Section 73CA have no right to vote in the affairs of the society]:

Provided that, a member shall not be deemed to be a defaulter if he has discharged his obligation to deliver his marketable produce to the marketing or processing society and the value of such produce is not less than the amount of his dues, even if the actual settlement of his dues, either in whole or in part, takes place at a later stage.

[73CA]. [Disqualification of committee and its members]

(AI) In the case of a society, which gives loans to members for purchasing machinery, implements, equipment, commodities or other goods, or which deals in such goods, no member, who or whose member of the family is a dealer in such goods or is a director of a company or