Back
2023 Supreme(Online)(Bom) 5986
BOMBAY HIGH COURT
ANIL S. KILOR, J
Mohan S/o Laxmanrao Adhau – Appellant
Versus
The Divisional Joint Registrar of Co-operative Societies, Amravati Division – Respondent
Writ Petition No. 8436 of 2022
For the Appellants/Petitioners: Smt. S.W.Deshpande
For the Respondents: Shri Deepak Thakare, Shri K.B.Ambitwade
Registrar's authority to alter voter lists after finalization is limited; election integrity must be upheld.
Headnote:(A) Maharashtra Co-operative Societies Act, 1960 - Section 11 - Jurisdiction of the Registrar to decide questions regarding membership criteria - Petition challenged orders removing appellant's membership on grounds of not owning agricultural land - Final voter list ought to remain unaltered post-election - Co-ordinate Bench ruling on jurisdiction affirmed. (Paras 2-5)
(B) Jurisdiction - Registrar cannot invoke provisions post-finalization of the voter list - Legislative intent supports adherence to published lists during elections. (Paras 4-5)
Facts of the case:
The petitioner asserts his membership in respondent society and challenges the removal based on objections post-election while claiming he was a duly elected Director.
Findings of Court:
Both orders removing the petitioner's membership were found to exceed jurisdiction, thus invalidated by the court.
Issues: The primary issue revolved around the jurisdictional limits for altering voter eligibility post-election and the finality of voter lists.
Ratio Decidendi: The court concluded that the Registrar's powers under Section 11 could not be exercised after the final voter list was published, emphasizing the need to uphold the integrity of published electoral rolls.
Result: Writ petition allowed; impugned orders quashed.
| Table of Content |
|---|
| 1. petitioner was elected director; claims of objection to his membership. (Para 2 , 3) |
| 2. registrar's authority to make decisions post-election is limited. (Para 4) |
| 3. court found orders invalid due to jurisdictional overreach. (Para 5) |
| 4. final voter list should not be altered post-publication. (Para 6) |
ORAL JUDGMENT :
- Heard. Rule. Rule made returnable forthwith by consent of the parties.
2. In this writ petition, the challenge is raised to the order dated 12th September, 2022 passed by the respondent no.2 and the order dated 22nd December, 2022 passed by the respondent no.1 in appeal No.40 of 2022, removing the name of the petitioner as a Member of the respondent no.3 Society on an objection field by the respondent no.4, under Section 11 of the Maharashtra Co-operative Societies Act , 1960 (in short “Act, 1960”).
3. The petitioner claims to be member of respondent no.3 society and admittedly, his name was recorded as voter in the final list published on 15th January, 2015 and thereafter the election was held on 15th May, 2022 wherein he got elected and presently he is Director of the Society. Thereafter on 23rd May, 2022 the objection was raised under Section 11 of the Act, 1960 on the ground that he was elected from the category of agriculturist and because he does not own any agricultural land, he cannot be treated as an agriculturist. The said objection was upheld by the Assistant Registered Co-operative Society vide order dated 12th September, 2022 which was challenged by way of an appeal under Section 152 of the Act, 1960 and vide impugned judgment and order dated 22nd December, 2022, the order of the Assistant Registrar was upheld.
4. In the above referred facts and circumstances, the only argument made in the present petition is to the jurisdiction of the Assistant Registrar to entertain the application under Section 11 of the Act, 1960, once the final voter list was published and after the elections were held. In this regard the Co-ordinate Bench of this Court in the case of Ramkishan Bhanudas Shinde Vs. State of Maharashtra , 1115 Mah.L.J.1994 has held thus:
10. Section 11 of the Maharashtra Co-operative Societies Act reads:
11. Power of Registrar to decide certain questions.- When, any question arises whether a person is an agriculturist or not, or whether any person resides in the area of operation of the society or not, or whether a person is or is not engaged in or carrying on any profession, business or employment, or whether a person belongs or does not belong to such class of persons as declared under sub-section (1A) of Section 22 and has or has not incurred a disqualification under that sub-section, such question shall be decided by the Registrar and his decision shall be final, but no decision adverse to any such person shall be given without giving him an opportunity of being heard.
If a Co-operative Society is established for the benefit of a particular class of individual who are engaged in a specific profession, business or are in such employment, bye-laws normally provide that a member shall be engaged in the said profession, business or employment. If a Co-operative Society has got an area of operation under the bye-laws, then residential qualification is laid down in the bye-laws. A dispute may arise as to whether a person is engaged in a particular profession, business or employment or is normally resident of a particular area and Section 11 of the Act gives power to the Registrar to decide such question. If an objection is taken for inclusion of a member in the voters’ list or a claim is made by a person who is not included in such list, aforesaid question may arise for the determination of the Registrar under section 11 of the Act. Section 11 is an enabling provision and will have to be read along with other provisions of the laws. It cannot be read to mean that the power under section 11 can be invoked any time and even after finalisation of the list of voters. Elections of the
