Disqualification under the Maharashtra Cooperative Societies Act requires clear evidence of holding dual designated officer positions, failing which challenges under subsequent provisions may lead to unnecessary reaffirmation of disqualifications.

JUDGMENT :

Prafulla S. Khubalkar, J.

Heard ShriM.G.Bhangde, learned Senior Advocate for the petitioner, Ms P.C. Bawankule, learned Assistant Government Pleader for the respondent nos.1 to 3, Shri C.S. Kaptan, learned Senior Advocate for the respondent no.4 and Shri A.D. Gabhane, learned counsel for the respondent no.5.

2. While advancing submissions on the application for vacation of interim relief, the counsel for the respective parties have advanced their arguments for final disposal of the writ petition at the stage of admission. Hence, RULE. Rule made returnable forthwith.

3. The controversy in the present petition arises from the challenge to disqualification of the petitioner as a Member of respondent no.5–Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola (for short, ‘the respondent no.5-Society’) incurred under Section 73A of the Maharashtra Cooperative Societies Act, 1960. The issue is whether the petitioner stood disqualified on the ground that that he has tendered his resignation from the post of Director of the Managing Committee of Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd., Akola-Washim, after the stipulated period i.e. after ten days from the date on which the result of the last election was declared.

4. The writ petition raises a challenge to the order passed by the respondent no.1-Hon’ble Minister who has upheld the orders passed by the District Deputy Registrar and the Divisional Joint Registrar holding the petitioner to be disqualified from being Member of the respondent no.5- Society. The controversy revolves around disqualification incurred on two separate counts; under Section 73A(1) and under Section 73CA of the Maharashtra Cooperative Societies Act, 1960 (for short, ‘the Act of 1960’). 5. Shri M.G. Bhangde, learned Senior Advocate for the petitioner primarily submitted that there is no basis for any disqualification under Section 73A and that provisions of Section 73A of the Act of 1960 are not at all attracted since the petitioner has never acted as a ‘designated officer’ of two societies at a time. He, therefore, submitted that the impugned orders are grossly unsustainable being passed without considering the purport of Section 73A of the Act of 1960.

6. To delve into the controversy, the background facts with particular reference to the dates are succinctly put as under:-

i. On 26.12.2021, the election of Managing Committee of Dr.Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd. Akola-Washim were held and the petitioner was elected as Member of the Managing Committee in the said election.

ii. On 10.01.2022, the petitioner came to be elected as a Director of Managing Committee of the respondent no.5-Society.

iii. On 23.01.2022, the petitioner was elected as Chairman of the respondent no.5-Society.

iv. On 24.01.2022, the petitioner resigned from the post of Member of the Managing Committee of Dr.Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd. Akola-Washim.

v. On 21.03.2022, the respondent no.6 sought disqualification of the petitioner alleging that the petitioner had incurred disqualification on two counts, viz. (1) disqualification under Section 73A for failure to submit the resignation within ten days; and (2) disqualification for breach of Rule F-1.4 of the bye-laws of the respondent no.5-Society since the balance service left was less than five years.

vi. The District Deputy Registrar issued a show cause notice dated 10.05.2022 to the petitioner calling upon him t