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DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Nashik Zilla Sarkari & Parishad Karmachari Sahakari Bank Niyamit Ltd. – Appellant
Versus
State of Maharashtra – Respondent
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
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 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 court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
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 main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
A federal society has no authority to decide on the legality of the membership of a member nominated/appointed by its member society so as to not include him in the provisional voters list.
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