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2024 Supreme(Bom) 54

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
RAVINDRA V. GHUGE, Y.G. KHOBRAGADE, JJ.
Sanjay @ Raosaheb Yadavrao Waghchaure – Petitioner
Versus
The State of Maharashtra and Others – Respondents
Writ Petition Nos. 15083, 15147, 15148, 15243 of 2023, Civil Application Nos. 14765, 14766 of 2023
Decided On : 08-01-2024

Advocates:
Advocate Appeared:
For the Petitioners: Mahesh S. Deshmukh, Shailandra S. Gangakhedkar, Rahul R. Karpe, Neha Kamble.
For the Respondents: S.K. Tambe, V.H. Dighe, D.J. Chaudhari, P.K. Nikam.
For the Intervenors : V.D. Hon, A.V. Hon, K.J. Suryawanshi, N.B. Khandare.

Headnote:

[VOTERS LIST] - [Election Dispute] - [Maharashtra Cooperative Societies Act, 1960, Rules 9 and 10 of the Election Rules, 2014] - The court dismissed the petitions challenging the provisional voters list for the elections to the Board of Directors of a Cooperative Sugar Factory. The court found that the rules were followed in preparing and publishing the list, and the objections were appropriately addressed by the Returning Officer. The court held that disputed issues cannot be entertained at this stage and dismissed the petitions.

ORDER :

1. These matters were heard extensively on 13.12.2023, 14.12.2023 and 19.12.2023, considering the extreme urgency expressed by the learned Advocates for the Petitioners. The Respondents had appeared on intimation or suo moto.

2. In Writ Petition No. 15083/2023, the Petitioner, whose name is admittedly enlisted in the provisional voters list, has put forth prayer clauses B, C, D and E as under:

    “(B) By an order of this Hon'ble Court in the like nature of appropriate writ and/or order or direction in the like nature, kindly quash and set aside the provisional voters list published on 23.11.2023 and the program publishing for finalizing the voter list published on 23/24.11.2023 (Exhibit-F).

(C) By an order of this Hon'ble Court in the like nature of writ and/or appropriate order or direction, kindly direct the respondent No. 1 and 4 to undertake thorough audit of respondent No. 5 Sugar Factory from 2019-2020 till date including the aspect of share capital and accounts of respondent No. 5.

(D) By an order of this Hon'ble Court in the like nature of writ and/or appropriate order or direction, kindly direct the respondent No. 3 to re-notify the process of finalization of voters list in the light of audit report to be conducted by the respondent No. 4 about the respondent No. 5 society from the year 2019- 2020 till date after due verification of the accounts and status of members as per the by-laws (29.06.2013) and statutory provisions.

(E) Pending hearing and final disposal of the writ petition, kindly grant stay to the further process in the light of notification/notice dated 23/24.11.2023 published by the respondent No. 3 about finalization of voter list.”

3. In Writ Petition No. 15147/2023, the Petitioners have put forth prayer clauses B, C, D and E as under:

    “(B) Hold and declare that, the entire program from the stage of preparation of provisional voters list published on 23.11.2023 and consequential provisional voters list published by the respondent No. 3 for the general election of respondent No. 5 sugar factory being bad, illegal and contrary to the provisions under law.

(C) By issuing appropriate writ order or direction in the like nature, kindly hold enquiry with regards to manifest illegalities committed at the instance of respondent No. 5 while holding the election of the respondent No. 5 Sugar Factory by preparing and publishing illegal provisional voter lists in derogation with the mandatory compliances and consequently new Returning Officer may kindly be appointed by holding the general election of respondent No. 5 Sugar Factory and to that effect issue necessary order or direction to the respondent authorities.

(D) By issuing appropriate writ order or direction in the like nature, kindly direct the respondent authorities to publish program for preparation of provisional voter list afresh by following mandatory compliances envisage under the MCS Act, 1960 and MCS Rules, 1961 and necessary directions to that effect may kindly be issued to the respondent authorities.

(E) Pending and final disposal of the instant writ petition and till the adjudication of the issue qua “provisional voters list” as raised in this instant writ petition, the further stages of election as well as election program should not be proclaimed by the authorities.”

4. In Writ Petition No. 15148/2023, the Petitioners have put forth prayer clauses B, C, D and E as under:

    “(B) By an order of this Hon'ble Court in the like nature of appropriate writ and/or order or direction in the like nature, kindly quash and set aside the provisional voters list published on 23.11.2023 and the program publishing for finalizing the voter list published on 23/24.11.2023 (Exhibit-E).

(C) By an order of this Hon'ble Court in the like nature of writ and/or appropriate order or direction, kindly direct the respondent No. 1 and 4 to undertake thorough audit of respondent No

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