2025 Supreme(Online)(Bom) 351302
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
PRUTHVIRAJ SAHEBRAO JACHAK – Appellant
Versus
STATE OF MAHARASHTRA THR DEPARTMENT OF CO OPERATION MARKETING AND TEXTILE AND ORS – Respondent
WP/6526/2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6526 OF 2024 Pruthviraj Sahebrao Jachak ...Petitioner V/s.
1. State of Maharashtra Through Department of Cooperation, Marketing and Textile, Mantralaya, Mumbai.
2. The Commissioner of Sugar, Sakhar Sankul, Pune.
3. The District Co-operative Election Officer, Pune
4. Maharashtra State Co-operative Election Authority, Mantralaya, Mumbai.
5. Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka Indapur, Pune. ...Respondents WITH WRIT PETITION (STAMP) NO. 12302 OF 2024 Sudhir Nagath Bhosale ...Petitioner V/s.
1. State of Maharashtra Through ...Respondents Department of Cooperation, Digitally signed by Marketing and Textile, MANE MANE SONALI SONALIDILIP Mantralaya, Mumbai.
DILIP Date:
2025.03.27
+0530
2. The Commissioner of Sugar,
Sakhar Sankul, Pune.
3. The District Co-operative Election Officer, Pune
4. Maharashtra State Co-operative Election Authority, Mantralaya, Mumbai.
5. Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka Indapur, Pune. WITH WRIT PETITION NO. 7799 OF 2024 Sambhaji Shivaji Kate ...Petitioner V/s.
1. State of Maharashtra Through Department of Cooperation, Marketing and Textile, Mantralaya, Mumbai.
2. The Commissioner of Sugar, Sakhar Sankul, Pune.
3. The District Co-operative Election Officer, Pune
4. Maharashtra State Co-operative Election Authority, Mantralaya, Mumbai.
5. Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka Indapur, Pune. ...Respondents WITH WRIT PETITION (STAMP) NO. 12314 OF 2024 Shivaji Ramrao Nimbalkar ...Petitioner V/s.
1. State of Maharashtra Through Department of Cooperation, Marketing and Textile, Mantralaya, Mumbai.
2. The Commissioner of Sugar, Sakhar Sankul, Pune.
3. The District Co-operative Election Officer, Pune
4. Maharashtra State Co-operative Election Authority, Mantralaya, Mumbai.
5. Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka Indapur, Pune. ...Respondents ___________
Mr. S.S. Patwardhan i/b Mr. Mandar Bagkar for the Petitioner in WP/6526/2024.
Mr. Chetan Patil i/b Mr. Shantanu Patil for Petitioner in WP/7799/2024.
Mr. Bhooshan Mandlik for the Petitioner in WPST/12302/2024.
Mr. Bhushan Jadhav for the Petitioner in WPST/12314/2024.
Mr. Dilip Patil-Bankar, Senior Advocate i/b Mr. Dilip Bodake a/w Ms. Pooja Patil for Respondent Nos. 3 & 4.
Mr. Shekhar Jagtap, a/w Sairuchita Chowdhary & Mr. Akash Pandey i/b J. Shekhar Associates for Respondent No.5.
Mr. P.P. Kakade, Add. GP a/w Mr. Y.D. Patil AGP for Respondent-
State in WP/6526/2024 & WPST/12302/2024.
Mr. P.P. Kakade Add. GP a/w Ms. Priyanka Chavan AGP for Respondent-State in WP/7799/2024 & WPST/12314/2024.
______________
CORAM: SANDEEP V. MARNE, J.
Judgment reserved on: 5 March 2025.
Judgment pronounced on: 21 March 2025.
JUDGMENT:-
1) These Petitions are filed by the Petitioners challenging the orders passed by the District Co-operative Election Officer rejecting the objections raised by them to the provisional list of voters.
2) Respondent No.5 -Shri Chhatrapati Sahakari Sakhar Karkhana Ltd., Bhavaninagar, Taluka-Indapur, is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (MCS Act) and which runs a sugar factory. Petitioners are members of Respondent No.5-Society. Considering the limited issue involved in the present Petitions, it is not necessary to narrate the detailed history of past litigations relating to elections of Respondent No.5- Society. It appears that the Society had filed Writ Petition No.282 of 2023 seeking directions against the election authorities for commencing the election process and to complete the same in a time bound manner. The said petition was disposed of by recording a statement on behalf of election authorities for commencing election process. Accordingly on 8 June 2023, a provisional list of voters was published by the District Cooperative Election Officer and after deciding the suggestions and objections, the final v