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2023 Supreme(Bom) 491

DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Nashik Zilla Sarkari & Parishad Karmachari Sahakari Bank Niyamit Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Nitin Gaware Patil
For the Respondent: Mr. Dilip Patil Bankar, a/w. Ms. Pooja D. Patil, Mr. Sanjeev B. Deore, a/w. Ms. Suchita Pawar, Mr. A. I. Patel, Addl AGP a/w. N. K. Rajpurohit, Adv

JUDGMENT :

Sandeep V. Marne, J.

Rule. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

2. Petitioners before us are Nashik Zilla Sarkari and Parishad Karmachari Sahakari Bank Ltd., which is a Salary Earner’s Co-operative Bank and some of its members, who are retired employees. Petitioners have filed the present petition challenging communication dated 10 February 2023 issued by State Co-operative Election Authority (SCEA). By the impugned communication, the SCEA has issued directives to all District Co-operative Election Officers not to include names of retired employees while preparing provisional list of voters for conducting elections of salary earner’s co-operative credit societies. The challenge is essentially raised on the ground of lack of jurisdiction on the part of SCEA to issue such directives.

3. Petitioner No.1 is a Society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (Act of 1960). Petitioner No.1 is also a Bank. In Exhibit-A to Petition giving particulars about Petitioner No. 1 bank, it is described as a ‘salary earners cooperative society’. It has salaried employees of the State Gov

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