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A. S. CHANDURKAR, JITENDRA JAIN
Ashwamedh C. H. S. Ltd. – Appellant
Versus
Suresh Khedkar – Respondent
JUDGMENT :
A.S. Chandurkar, J. - Rule. Rule is made returnable forthwith and heard learned Counsel for the parties.
2. The grievance raised by the Petitioner Nos. 3 to 17 as well as the Applicants in Intervention Application No.2202 of 2024 is the wrongful deletion of their names from the final voters list for being eligible to vote at the elections of Petitioner No.1 Housing Society. The said Housing Society is a Type-E Society in accordance with Rule 4 of the Maharashtra Co-operative Societies (Election to Committee) Rules 2014 (for short, Rules of 2014). In the provisional voters list that was published on 25/01/2024, the names of 71 members including the present Petitioners and interveners were shown. It is the grievance of the Petitioners and interveners that an objection to exclusion of their names from the provisional voters list was raised and in a manner contrary to the Rules of 2014, the names of 33 members came to be deleted and the final voters list comprising of 38 members came to be published on 06/02/2024. It is in this backdrop that the present writ petition came to be filed on 14/02/2024 seeking to raise a challenge to the deletion of almost 50% voters from the final
The deletion of names from a voters list without a written decision and proper hearing violates procedural rules, necessitating reconsideration of objections.
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....
Membership in a co-operative society cannot be terminated without following the statutory procedure, and arbitrary exclusion from the voters list violates principles of natural justice.
The main legal point established in the judgment is the application of Section 73CA(1)(f)(ii) of the Maharashtra Cooperative Societies Act, 1960, which prescribes the disqualification of a person who....
The central legal point established is the application and interpretation of the disqualification provision under Section 73CA(1)(f)(ii) of the Maharashtra Co-operative Societies Act, 1960.
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
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 ....
Election processes under co-operative societies must ensure individual notices for excluded members, and deficiencies do not halt proceedings if remedies exist for grievances.
Deficiencies in the electoral process, including lack of individual notifications to excluded voters, necessitate counting their votes in election results as per procedural rules.
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