2026 Supreme(Online)(Bom) 6053
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR
CNR No : HCBM070152822026
INTERIM APPLICATION NO.1833 OF 2026 IN WRIT PETITION NO.5762 OF 2026
WRIT PETITION NO.5964 OF 2026
Shri. Shashikant Anandrao Patil Chuyekar & Ors … Applicants/Petitioners
Versus
The Presiding Officer, Kolhapur Zilla Sahakari Dudh Utpadak Sangh Mar. Kolhapur (Gokul) And Ors … Respondents
The State of Maharashtra Thr. The Additional Chief Secretary and Ors … Respondents
Shri. Dr. Abhishek Manu Singhavi, Senior Counsel a/w. Shri. Avishkar Singhavi, Shri. S. R. Ganbavale and Shri. Uday Bhatia, Counsel i/by. Shri. Dhairyasheel Pawar, Counsel for the Petitioners in W. P. No.5964/2026
Shri. Ashutosh Kumbhakoni, Senior Counsel a/w. Shri. Akshay Shinde, Counsel i/by. Shri. Dhairyasheel P. Pawar, Counsel for the Applicants in I.A.No.1833 of 2026 and for Petitioners in WP No.5762/2026
Shri. Sarthak Diwan, Counsel for the Applicant in WP No.5762 of 2026
Shri. Mukul Rohatgi, Senior Counsel (through V.C.) a/w. Ms. Misha Rohatgi, Shri. Siddharth Dharmadhikari, Shri. Shivang B. Varma, Ms. Devanshi Singh, Counsel for the State, Ms. Neha Bhide, Government Pleader, Shri. Shishir Hirey, Government Pleader, Shri. Amarsingh Girase, Government Pleader, Shri. V. M. Mali, APP for the State.
Shri. R. D. Phade, Counsel for Respondent Nos.3 & 5 in WP No.5762 of 2026 and for Respondent No.6 in W. P. No.5964 of 2026 (through V.C.)
Shri. Anil Anturkar, Senior Counsel i/by. Shri. Rushikesh Chavan, Counsel for Respondent Nos.11 & 13 in WP. No.5762/2026 & I.A. No.1833/2026 & for Respondent Nos.12 and 14 in W. P. No.5964/2026
Shri. Pralhad Paranjpe i/by. Dilip Bodake, Counsel for Respondent Nos.1, 2 & 4 in W.P. No.5762 of 2026 & Respondent Nos.3 & 5 in W. P. No.5964/2026
CORAM : NEERAJ P. DHOTE, J.(VACATION COURT )
Dated : 9th November, 2026
( NEERAJ P. DHOTE, J.)
JPChavan Digitally signed by RAJU DATTATRAYA GAIKWAD Date:2026.11.09 +0530
PER COURT :-
1. The Interim Application (IA No.1833/2026 in Writ Petition No. 5762 of 2026) is filed with the following prayers:
a) That this Hon’ble Court be pleased to clarify that the order dated 2/11/2026 only permits the 25 elected BODs to remain present and cast their votes for election of the Chairman of the Respondent No.3 Society;
b) the Officer conducting the election of the Chairman of the Respondent No. 3 be restrained from allowing any person other than the 25 elected Directors of the Respondent No. 3, including the Government nominated members, to cast vote at the election of the Chairman of the Respondent No. 3 Society;
c) Pending the hearing and final disposal of the present Application, this Hon'ble Court may be pleased to grant ad-interim/interim reliefs in terms of prayer clauses (a) & (b) above;
d) Pass such further and other orders as the nature and circumstances of the case may require.
2. The interim application is filed in the writ petition which is filed by the 13 elected Directors of the Respondent Society.
3. The Petitioners in Writ Petition No. 5964/2026 are also the Petitioners in Writ Petition No. 5762 of 2026. The Writ Petition No.5964/2026 has the following prayers:
a) To issue Rule;
b) To hold and declare that the impugned Ordinance dated 06/11/2026 is manifestly arbitrary, ultra-vires the provisions of Constitution of India and has been issued in colourable exercise of powers and, resultantly, to quash and set-aside the same;
c) To hold and declare that the Government nominated members shall not have any right to vote in the election of Chairman of Respondent No. 4 Society;
d) To hold and declare that the Government nominated members shall not have any right to vote in the general meetings of the Respondent No. 4;
e) To take judicial note of the conduct of the Respondent No.1 of overreaching the orders of this Hon'ble Court, which amount to undermining the authority, dignity and prestige of this Hon'ble Court and to punish all guilty of such conduct appropriately;
f) In the alternative, to hold and declare that the impugned Ordinance dated 06/11/2026 is not applicable to the election of Chairman of Respondent No. 4;
g) Pending the hearing and final disposal of the present petition, to stay the effect, operation and implementation of the impugned Ordinance dated 06/11/2026;
h) Pending the hearing and final disposal of the present Petition, to direct the Respondent No.3 to not permit the Government nominee's proposed to be appointed in pursuance of the impugned Ordinance dated 06/11/2026 to participate in the election of the Chairman of the Respondent No.4, much less cast their vote at such election;
i) Pending the hearing and final disposal of the present petition, restrain the Government nominated members from casting their vote in the any meetings of the board of directors of Respondent no.4;
i) Ad-interim and or interim reliefs in terms of prayer Clause (g) (h) & (i) be granted in favour of the Petitioners;
k) That the costs of this Writ petition be awarded to the Petitioners;
l) For such other orders as justice and convenience may demand from time to time be passed in favour of the Petitioner by this Hon'ble Court.
4. The Writ Petition No. 5964 of 2026 and Interim Application No. 1833/2026 are filed during vacation and placed before this vacation Court for interim orders.
5. Heard learned Senior Counsel for the Petitioners in Writ Petition No. 5964 of 2026, learned Senior counsel for the state, learned Senior Counsel for Respondent No.8 and learned Senior Counsel for Respondent Nos.11 and 13.
6. It is submitted by the learned Senior Counsel for the Petitioners that, the impugned Ordinance dated 06.11.2026 is promulgated after the election process started and after the vested rights are crystallized in favour of the Petitioners. The Ordinance is patently illegal as it changes the Rule after the game is started. The Ordinance shows that, the sa