IMPORTANT POINT
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.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. In the first Writ Petition No. 13128/2023, the Petitioner Cooperative Sugar Factory has put forth prayer clauses B, C, D and E as under:

“(B) To quash and set aside the orders dated 03.10.2023 issued by respondent no. 2 State Co-operative Election Authority M.S. Pune may kindly be quashed and set aside.

(C) The respondent no. 2 and 3 may kindly be directed to publish election program from the stage of nomination for the election of managing committee of petitioner Karkhana, immediately.

(D) Pending hearing and final disposal of this writ petition the orders dated 03.10.2023 issued by respondent no. 2 state Co-operative Election Authority M.S. Pune may kindly be stayed.

(E) Pending hearing and final disposal of this writ petition the respondent no. 2 and 3 may kindly be directed to publish election program from the stage of nomination for the election of managing committee of petitioner Karkhana, immediately.”

3. In the second Writ Petition No. 13141/2023, the Petitioners have put forth prayer clauses B, C, D, and E as under:

“(B) To quash and set aside the order dated 03.10.2023 issued by respondent no. 2 state Co-operative Election Authority M.S. Pune by issuing writ of certiorari.

(C) The respondent no. 2 and 3 may kindly be directed to publish election program from the stage where it is stopped and finalize the voters list and start the election process from the stage of nomination for the election of managing committee of respondent no. 4, society, forthwith by issuing appropriate writ.

(D) Pending hearing and final disposal of this writ petition the orders dated 03.10.2023 issued by respondent no. 2 state Co- operative Election Authority M.S. Pune may kindly be stayed.

(E) Pending hearing and final disposal of this writ petition the respondent no. 2 and 3 may kindly be directed to publish the election program from the stage where it is stopped and start further process of election of nomination for the election of managing committee of respondent no. 5, society immediately, by passing appropriate order.”

4. These two matters were heard extensively. The submissions of the Petitioners in both these petitions can be summarized as under:

(a) The elections to the Cooperative Sugar Factory were last conducted on 30.05.2017 and the five years tenure ended on 30.05.2022.

(b) Though the elections were due on or before 30.05.2022, the Election Authorities did not conduct the elections even after the expiry of the term.

(c) By communication dated 15.02.2023, the State Cooperative Election Authority, Maharashtra State, Pune (in short “SCEA”) directed the Cooperative Societies to initiate the process for finalization of the voters list and prescribed the cut off date as 01.02.2023.

(d) All the parties to the proceedings accepted the said cut off date and initiated the steps for finalization of the voters list.

(e) On 07.06.2023, the State of Maharashtra introduced the ordinance called as the “Maharashtra Cooperative Societies (Amendment) Ordinance, 2023.

(f) In Section 2 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as “the Act of 1960”) in clause (19), after sub-clause (a), sub-clause (a-1) is inserted, which defines “active member.” Section 26 of the Act of 1960 was substituted. So also, Sub-Section (1A) was introduced below Section 27(1). Section 73A also suffered a minor amendment.

(g) The election programme for the preparation of the final voters list was commenced on 08.06.2023, objections were called till 19.06.2023, hearing took place on 22.06.2023 and the decision was pronounced on 30.06.2023.

(h) An order was issued by SCEA dated 28.06.2023 and the elections were postponed. However, by that time, the procedure for finalization of the voters list was already completed.

(i) A notification was published by the Honourable Governor of Maharashtra dated 21.08.2023 and the above stated Maharashtra Ord