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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Pruthviraj Sahebrao Jachak – Appellant
Versus
State of Maharashtra – Respondent
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
The 2022 amendment to the Maharashtra Co-operative Societies Act removed the classification of members as active or non-active, necessitating a hearing before any deletion from the voters list.
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 vot....
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 ....
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.
A federal society has no authority to decide on the legality of the membership of a member nominated/appointed by its member society so as to not include him in the provisional voters list.
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 Election Officer's authority under the Maharashtra Cooperative Societies (Election to Committee) Rules is limited to correcting errors in the provisional voters list, and does not extend to adjud....
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