Amended bye-laws of cooperative society introducing new qualifications must be adhered to for eligibility in elections, validating the disqualification based on failure to meet such criteria.

JUDGMENT :

1. The three writ petitions revolve around the elections to the Managing Committee of Ashok Nagar Sahakari Sakhar Karkhana, Tq. Shrirampur, Dist. Ahmednagar and since the petitions raise a common challenge to the impugned orders, the learned Counsel are permitted to advance their arguments collectively and the three writ petitions are heard and disposed of by a common judgment.

Since the parties have expressed their consensus to argue the writ petitions finally at the stage of admission, issue Rule. Rule is made returnable forthwith.

I have heard the learned Counsel Shri. Ajit Kale for the petitioners in all the three writ petitions, learned Counsel Shri. S. K. Kadam for the respondent Nos.2 to 4, learned Counsel Shri. R. R. Karpe for the respondent No.5 - Karkhana and learned A.G.P. for State of Maharashtra.

2. The last election to the the Managing Committee of the respondent No.5 - Ashok Nagar Sahakari Sakhar Karkhana (hereinafter referred to as “Karkhana”) for the term 2015-16 to 2019-20 was held in the year 2015 and on the expiry of it's term of 5 years, the elections were due, however, on account of the Covid-19 pandemic, they could not be held in time, though the term of the Managing Committee expired on 05/03/2020. On account of the wide spread of the pandemic, the State Government had took a decision to postpone the elections of all the Co-operative Societies in the State by issuing an order on 18/03/2020, by invoking the provisions of the Epidemic Diseases Act 1897, however, there was no extension granted to the term of the Managing Committee.

A writ petition came to be filed in the High Court, by some of the members seeking appointment of an Administrator, in light of expiry of the term of the Managing Committee. An interim order came to be passed in the aforesaid writ petitions on 24/08/2021, which restrained the Managing Committee to take any major policy decision and the said order was assailed before the Hon’ble Apex Court. During pendency of the said proceedings, amendment was introduced in Section 73 AAA of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as ‘the MCS Act’), thereby inserting a proviso, extending the term of the Managing Committee. Resultantly, the term of the Managing Committee of respondent No.5 – Karkhana, was extended from 2019-20 upto 2020-2022.

The elections to the Managing Committee of the Karkhana which postponed in the wake of the decision of the State Government, were declared on 09/12/2021, when the election programme was published by the State Election Authority, Pune, Maharashtra i.e respondent No.2. The election programme so published, staggered the process of the election and stipulated the date for filing of nomination papers for the Constituency slated to be from 13/12/2021 to 17/12/2021. 20/12/2021 was fixed as the date for scrutiny of nomination papers by the Election Officer. The list of the validly nominated candidates was scheduled to be displayed on 27/12/2021 and the period for withdrawal of the nomination papers was prescribed as between 21/12/2021 to 04/01/2022. 05/01/2022 is the date scheduled for publication of list of validly nominated candidates and for allotment of symbols to the candidates. The voting day is specified as 16/01/2022 with the result being declared on 17/01/2022.

In the election programme so published, from 21/12/2021 to 04/01/2022, the stage of objections being raised to the candidature or to the rejection of the nomination papers was slated.

3. The three petitioners, in the three writ petitions a