JUDGMENT :

1. The petitioners are challenging the impugned order dated 02.11.2022 passed by the Hon’ble Minister for Co-operation in Appeal No.246 of 2022. By the impugned order, the Hon’ble Minister has confirmed the instructions – order dated 08.04.2022 issued by the Commissioner for Co-operation – respondent no.2 in Writ Petition No.11906 of 2022, changing the classification of the Dhanya Adhikosh Societies and issuing instructions to amend the bye laws of the said societies. The changes are made applicable for new as well as existing Dhanya Adhikosh societies.

2. All petitions involve identical issue and as such are taken up for consideration together.

3. Facts are taken from Writ Petition No.11906 of 2022. The petitioner in Writ Petition No.11906 of 2022, Sarangpur Shetkari Dhanya Adhikosh Seva Sahakari Sansths Ltd. is registered society under the provisions of the Maharashtra Co-operative Societies Act, 1960 [for short ‘the Act of 1960’] and as per the bye-laws, the petitioner - society is classified as ‘Resource Society’ and Sub-classification is ‘Service Society’ falling in the class of Service Co-operative and Multi-purpose Co-operative Societies. The petitioner society is classified under Section 12 (1) of the Act of 1960 read with Rule 10 (8) (c) of the Maharashtra Co-operative Societies Rules, 1961 [for short ‘the 1961 Rules’] as ‘Resource Society’ and sub-classification is ‘Service Resource Society’ and the petitioner - society is falling in the class of Service Co-operative and Multi-purpose Co-operative Societies. As per the bye-laws of the societies, there are 21 objects specified and in terms of bye-laws and the objects of the petitioner-society, fulfills the criteria of resource society. The petitioner – society provides services of good go down / storage to the farmers. By virtue of the resource society, they are eligible to cast votes and also to contest elections for Agriculture Produce Market Committee as well as for the District Central Co-operative Bank.

4. As per Section 13 of the Maharashtra Agricultural Produce Market [Development and Regulation] Act, 1963, the market Committee is constituted amongst 15 agriculturists residing in the market area, 11 of which shall be elected by the Members of the Managing Committee of the Agricultural Credits Societies and Multi-purpose Co-operative Societies [within a meaning of Maharashtra Co-operative Societies Act, 1960] functioning in the market area. Accordingly, the petitioner being registered as ‘Resource Society’ and is a Service Co-operative and Multipurpose Co-operative Society, the petitioners are eligible to contest the elections of the Agricultural Produce Market Committee. The petitioners are also members of the Federal Society i.e. Parbhani District Central Co-operative Bank and as per clause No. 8 of the Bye laws of the District Central Co-operative Bank, the Managing Committee of the Bank is comprising of 21 Managing Committee members, 14 members are elected from primary agricultural credit societies, VKSS Societies, Joint Farming Societies as Dhanya Adhikosh Co-operative Societies. The authorized representative of the petitioner - society has earlier contested the elections of the Parbhani District Central Co-operative Bank and has also won elections.

5. The Commissioner Co-operation constituted a Committee for discussing criteria of registration of the societies as ‘Dhanya Adhikosh Societies’. The Committee made certain recommendations to the Commissioner of Cooperation and in pursuance of the recommendation of the Committee, the Commissioner for Co-operation has issued Circular / Order dated 08.04.2022 observing therein that the ‘Dhanya Adhikosh Societies’ do not have object of providing loan to the members of ‘Dhanya Adhikosh Societies’ and the only object of the societies is to provide services to its members, therefore, the classification given