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967-WP-1894-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 1894 OF 2021

MADHAVRAO S/O RAMJI THAVRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

WITH

CIVIL APPLICATION NO. 1472 OF 2021

DEEPAK S/O TUKARAM LATPATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

WITH

CIVIL APPLICATION NO. 1667 OF 2021

KADYACHIWADI SHETKARI SAMUHA KRUSHI SAHITYA

PURAVATHA AND DHANYA GODAM SEVA SAHAKARI

SANSTHA LTD., KADYACHIWADI, TQ. GANGAKHED, DIST.

PARBHANI THROUGH ITS REPRESENTATIVE

VERSUS

MAHADEVRAO S/O RAMJI THAVRE AND OTHERS

…..

Advocate for the Petitioners : Mr. Vishal A. Bagal

AGP for Respondent No.1 : Mr. R. D. Sanap

Advocate for Respondent Nos. 2 and 3 : Mr. S. K. Kadam

Advocate for Respondent No.4 : Mr. M. S. Deshmukh

Advocate for the Applicant in CA/1472/2021 :

Mr. Shahaji B. Ghatol Patil

Advocate for the Applicant in CA/1667/2021 :

Mr. Nilkanth R. Pawade

.....

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967-WP-1894-2021.odt

CORAM : V. K. JADHAV, J.

DATED : 16^TH FEBRUARY, 2021

PER COURT :-

1.

By way of the present Writ Petition, the petitioner

societies are challenging the order dated 15.01.2021 passed

by respondent no.3-Election Officer, thereby the objections

filed by the petitioners have been rejected. The petitioners

are seeking direction against respondent no.3 to include

their names in the final voter list of respondent no.4-

Parbhani District Central Co-operative Bank Ltd. (for short,

“respondent-Bank”).

2.

Learned counsel for the petitioners press the petition

to the extent of petitioner nos. 1 and 4 societies and so far as

the other petitioner societies (i.e. petitioner nos. 2, 3, 5 and

6) are concerned, the learned counsel for the petitioners has

fairly conceded that those petitioner societies have invested

in the share capital of the federal society after the cut-off

date.

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967-WP-1894-2021.odt

3.

Petitioner nos. 1 and 4 are the co-operative societies

registered under the provisions of the Maharashtra Co-

operative Societies Act, 1960 (for short, “Act of 1960”) and

the Rules 1961. The petitioner societies are working in the

territorial jurisdiction of respondent no.4 Bank.

4.

Learned counsel for the petitioners submits that the

petitioner nos. 1 and 4 societies are eligible for being a

member of respondent no.4 Bank. On 09.03.2016, the

petitioner societies have filed applications/proposals for

seeking membership of respondent no.4 Bank along with all

the necessary documents. Learned counsel submits that

petitioner nos. 1 and 4 societies have invested in the share

capital of respondent no.4 Bank on 18.07.2014. However,

respondent no.4 Bank has not taken any decision on the

above mentioned proposals/applications seeking

membership. Thus, the petitioner societies have filed

application bearing no. 15 of 2017 before the Divisional

Joint Registrar, Co-operative Societies, Aurangabad and

considering the record before respondent no. 3 and in terms

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967-WP-1894-2021.odt

of the provisions of Section 22 (2) of the Act of 1960 and the

by-laws, respondent no.3 has allowed the application 15 of

2017 filed by the petitioners by order dated 17.05.2017

thereby directing respondent no.4 Bank to include the name

of the petitioners in the list of respondent no.4 Bank as

deemed members.

5.

Learned counsel for the petitioners submits that the

petitioners have filed Writ Petition No. 2019 of 2020 before

this Court seeking direction to call the resolution of the

petitioner societies to include names of their representatives

in the voter list of the ensuing election of the respondent

Bank. By order dated 26.02.2020, this Court has observed

that ‘

the petitioners are the members of respondent no.3

Bank (respondent no.4 herein) in view of the order passe