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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.Chandurkar, M.M.Sathaye
Ramchandra Jakappa Nandavadekar – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
A. S. CHANDURKAR, J.
1. Rule. Rule made returnable forthwith and heard learned counsel for the parties.
2. The challenge raised in this writ petition filed by 47 members of Shri Hanuman Sahakari Dugdh Utpadak Sanstha (for short, ‘the Society’) a co-operative society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short, ‘the Act of 1960’), is to the provisional voters list published on 14/02/2025 as well as the election programme for conducting elections to the Managing Committee of the Society published on 11/03/2025. The petitioners also pray that a fresh voters list be published by including their names and thereafter conduct the said elections.
3. The facts relevant for considering the challenge as raised in the writ petition are that the elective term of the Managing Committee of the Society came to an end some time in 2022. However, the fresh elections were postponed for one reason or the other. The provisional voters list came to be published on 14/02/2025 containing names of 132 members enrolled upto 31/03/2022. Since the names of about 59 members were excluded from the provisional voters list, the said members raised an obje
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 that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
The judgment emphasized the importance of following the statutory process for membership deletion under the Maharashtra Co-operative Societies Act, 1960, and highlighted the need for a properly insti....
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 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 court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The court established that adherence to the procedural requirements for finalizing the voter list is essential for conducting valid elections under the AP Co-operative Societies Act.
The deletion of names from a voters list without a written decision and proper hearing violates procedural rules, necessitating reconsideration of objections.
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