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2024 Supreme(Bom) 244

S. G. MEHARE
Sanjay @ Raosaheb Yadavrao Waghchaure – Appellant
Versus
State Co-operative Election Authority, Maharashtra State – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.S. Deshmukh, Dhananjay S. Patil, Rahul Cheble, S.R. Mantri, S.S. Gangakhedkar, K.J. Suryawanshi, N.B. Khandare.
For the Respondents: V.H. Dighe, S.K. Kadam, D.J. Choudhari, P.K. Nikam.

JUDGMENT :

S.G. MEHARE, J.

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

2. By these writ petitions, an order dated 14.12.2023 of District Co-operative Election Officer cum Regional Assistant Director (Sugar), (DCEO for short), Chattrapati Sambhaji Nagar (Aurangabad)/respondent No. 2 passed on 14.12.2023 has been impugned.

3. The petitioner, namely Sanjay Yadavrao Waghchaure, had raised the following objections to the provisional voters list published on 24.11.2023 for the elections of Managing Committee of Sant Eknath Sugar Factory Ltd, Taluka Paithan, District Chattrapati Sambhajinagar:

    (i) The voter list is an outcome of fraudulent activities.

(ii) So long as around the original 18,645 members were inappropriately dealt with by modifying the membership list.

(iii) The provisional voter list violated Section 25-A of the Maharashtra Co-operative Societies Act, 1960 (the M.C.S. Act for short). No proceedings contemplated under that Section were undertaken to remove the members. Still, many members were removed from the list at the whims and fancies of the present Managing Committee.

(iv) A large number of members who were not the residents of th

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