The amendment to Section 26 of the Maharashtra Co-operative Societies Act eliminates the classification of active and non-active members, necessitating adherence to natural justice in determining voting rights.

JUDGMENT:-

1) These Petitions are filed by the Petitioners challenging the orders passed by the District Co-operative Election Officer rejecting the objections raised by them to the provisional list of voters.

2) Respondent No.5 -Shri Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka-Indapur, is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (MCS Act) and which runs a sugar factory. Petitioners are members of Respondent No.5-Society. Considering the limited issue involved in the present Petitions, it is not necessary to narrate the detailed history of past litigations relating to elections of Respondent No.5- Society. It appears that the Society had filed Writ Petition No.282 of 2023 seeking directions against the election authorities for commencing the election process and to complete the same in a time bound manner. The said petition was disposed of by recording a statement on behalf of election authorities for commencing election process. Accordingly on 8 June 2023, a provisional list of voters was published by the District Cooperative Election Officer and after deciding the suggestions and objections, the final voters list was published on 28 July 2023. Petitioners and others filed Writ Petition Nos.9547 of 2023, 9557 of 2023 and 9558 of 2023 in this Court challenging the said voters list. During pendency of the said Petitions, the provision relating to active and non-active members came to be cancelled on 21 August 2023 and therefore the District Cooperative Election Officer decided to publish a fresh Voters List. Accordingly, a fresh provisional Voters List was published on 5 October 2023 and suggestions and objections against the same were decided vide order dated 20 October 2023, which became subject matter of batch of petitions in this Court.

3) The said list dated 20 October 2023 was again withdrawn by the District Co-operative Election Officer and a fresh list was passed on 30 November 2023, which again became subject matter of challenge in a batch of Petitions filed before this Court. However, it was found that all the affected parties were not heard while passing order dated 30 November 2023 and accordingly list dated 30 November 2023 was also withdrawn by District Co-operative Election Officer. Accordingly, fresh provisional list of voters was published on 19 December 2023 for the purpose of grant of fresh opportunity to the Petitioners to raise their objections. By impugned order dated 8 April 2024, the District Co-operative Election Officer has rejected the objections raised by the Petitioners. Order dated 8 April 2024 is the subject matter of challenge in the present Petition.

4) Mr. Patwardhan, the learned counsel appearing for the Petitioner in Writ Petition No.6526 of 2024 would submit that the District Co-operative Election Officer has clearly erred in rejecting objections raised by the Petitioner by her order dated 8 April 2024. He would submit that the objection for deletion of names of defaulting members has been erroneously rejected by the impugned order. He wou ld submit that there are two types of defaults with regard to payment of deficit share money by 8330 members and 61 society members. That the District Co-operative Election Officer has rejected the objection qua default in share contribution decided vide managing committee meeting dated 16 November 2021 for recovery of increased share amount in three installments of 2021-22(Rs.2000), 2022-23 (Rs.1500) and 2023-24(Rs.1500) total Rs.5000 on the ground that the cutoff date for payment of deficit share contribution is extended till end of season 2023-24. However, no consideration is made by the Election Officer with regard to the objection relating to the default committed in respect of 2012 contribution. That the extension allegedly granted upto season 2023-24 has no application to the 2012 defaults committed by several members. He would further submit that even otherwise, the exten