Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Due Procedure for Removal from Voters List - It has been consistently held that members can only be removed from the voters list after following the due process prescribed under the relevant Cooperative Societies Act and Rules. The process involves preparing provisional lists, inviting claims and objections, and then finalizing the voters list in accordance with statutory procedures ["Siddheshwar Sahakari Sakhar Karkhana Limited VS State of Maharashtra - Bombay"] ["Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666"].
Preparation of Voters List - The preparation of the provisional voters list is an essential intermediate step before elections, requiring careful verification of membership and adherence to statutory guidelines. For example, societies are required to prepare provisional lists in the year of election, and the list must include all eligible members after verification ["Siddheshwar Sahakari Sakhar Karkhana Limited VS State of Maharashtra - Bombay"] ["INDOM00000111566"] ["Zamsingh VS District Co-Operative Election Officer - Bombay"].
Due Process for Membership Cessation and Disqualification - The cessation of membership or disqualification from voting must follow the procedures outlined in the Act and Rules, including giving notice, opportunity to show cause, and proper verification. Names of members who are ineligible or have defaulted are to be removed only after following these procedures, and mere unilateral or arbitrary removal without due process is invalid ["Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666"] ["S DAMODAR SETTY Vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"] ["Gopalrao Kashinath Kele VS State Co-operative Election Authority - Bombay"].
Legal Precedents - Courts have emphasized that illegal removal of members from the voters list, without following the prescribed statutory procedures, violates the principles of natural justice and the statutory framework. Such actions are subject to challenge through writ petitions or other legal remedies, asserting that due process was not followed ["Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666"] ["S DAMODAR SETTY Vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"].
Conclusion - It is clear from the judgments that the removal of members from the voters list of a cooperative society must be carried out strictly in accordance with the procedures prescribed under the Cooperative Societies Act and Rules. Any deviation or unilateral action without following due process is deemed illegal and can be challenged in courts ["Siddheshwar Sahakari Sakhar Karkhana Limited VS State of Maharashtra - Bombay"] ["Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666"].
In the realm of cooperative societies, ensuring fair elections is paramount. A common dispute arises when societies attempt to exclude members from the voters list without proper procedure. Have you ever wondered: can members be removed from the voters list of a society only after following due procedure as per the Cooperative Societies Act and Rules? Courts across India have consistently ruled that arbitrary removals are invalid, emphasizing adherence to statutory mandates and principles of natural justice. This blog delves into pivotal judgments, procedural requirements, and practical guidance for members and societies alike.
Note: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.
Indian courts, interpreting various state Cooperative Societies Acts, have firmly established that removal or exclusion of members from a society's voters list must strictly follow the procedures outlined in the relevant Act and Rules. Arbitrary actions without notice, inquiry, or due process are deemed illegal and contravene natural justice principles. For instance, disputes over membership cessation—and thus voting rights—must be resolved through statutory mechanisms, not writ petitions, since cooperative societies are not 'State' under Article 12 of the Constitution. Where exclusions are unjustified, courts have directed restoration to provisional or final voters lists pending proper inquiry. Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666
Several landmark cases underscore the necessity of due process:
Karnataka Co-operative Societies Act, 1959 (Sections 17(3), 18-A): In a writ petition seeking restoration of membership and voters list inclusion, the court held that the dispute between the member/ex-member and the Society must be resolved as per the statutory provisions provided under the Act and a writ petition cannot be maintained since the society is not a State under Article 12. Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547
Maharashtra Co-operative Societies Act, 1960 (Sections 25, 25A) and Election Rules, 2014: Exclusion from the provisional voters list for alleged bye-law breaches (e.g., supplying milk to another society) was ruled illegal. The court stated, membership cannot cease without following statutory procedure - Petitioners entitled to vote in elections. Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666
Supporting precedents from other states reinforce this:
Under the Telangana Cooperative Societies Act, 1964, an administrator's inclusion of ineligible members without authority was set aside, highlighting that actions must follow due procedure under the provisions of the Act and rules. Kakarla Venkateshwarlu S/o. Kotaiah VS State of Telangana, Rep. by Principal Secretary, Cooperation Department, Secretariat, Hyderabad - 2023 Supreme(Telangana) 242
In Gujarat, courts upheld authorized officers' jurisdiction to remove names only if elections or nominations adhere to statutory guidelines, dismissing petitions where processes were flawed. Shree Janjarva Seva Sahakari Mandali Limited v. Director and Others - 2017 Supreme(Online)(Guj) 25
These rulings emphasize that provisional lists must reflect valid membership, with challenges resolved pre-election if due process is flouted.
Membership termination—and consequent voters list removal—requires explicit statutory adherence. Courts invalidate actions bypassing sections like Maharashtra's 25/25A or Karnataka's 17/18-A. In one Maharashtra case, petitioners deprived of rights due to alleged breaches were restored, as Membership cessation must follow the statutory procedure outlined in the Act and Rules, and arbitrary removal violates principles of natural justice. Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666
Related insights from other judgments:
Retired employees as nominal members lack voting rights and must be excluded from provisional lists per State Co-operative Election Authority (SCEA) directives under Section 73CB. Nashik Zilla Sarkari & Parishad Karmachari Sahakari Bank Niyamit Ltd. VS State of Maharashtra - 2023 Supreme(Bom) 491
Preparation of voters lists is an 'intermediate stage' in elections; once commenced, disputes shift to election petitions, not writs. Upputuri Rama Mohan Rao VS Election Officer Jonnalagadda PACCS - 2024 Supreme(AP) 813
Failure to issue notices or conduct inquiries renders exclusions void, entitling members to vote.
Courts exercise caution in election matters to avoid disruption but intervene against mass arbitrary exclusions, especially pre-election. In Maharashtra, significant unjust removals prompted directives for inclusion pending procedure. Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666 Post-election process commencement, interference is minimal unless gross violations occur. Gundarpu Kiran Kumar VS State of Telangana - 2023 Supreme(Telangana) 116 For example, challenges to notifications were dismissed, with remedies limited to election petitions: Once election process is set in motion, High Court should not interfere... only remedy available... is to file election petition. Gundarpu Kiran Kumar VS State of Telangana - 2023 Supreme(Telangana) 116
In Karnataka, timely inclusion of eligible delegates post-stay of disqualifications was mandated to uphold democracy. Peduru Vyasaya Seva Sahakara Sangha Niyamitha vs State of Karnataka - 2025 Supreme(Online)(Kar) 22494
Primary recourse lies within the Act's framework—Registrar or intra-society forums—not writs against non-State societies. Karnataka courts grant liberty to pursue statutory remedies for membership disputes impacting voting. Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547 Judicial review is limited to procedural lapses, not merits.
Additional sources affirm:
Objections to provisional lists must follow Rules (e.g., Maharashtra Election Rules 2014, Rules 9-11); federal societies cannot arbitrarily exclude nominees. Jalindar Tukaram Kharat VS State of Maharashtra - 2021 Supreme(Bom) 1686
Defaulter status for voters lists requires Rule 13-D(iii) publication. Peduru Vyasaya Seva Sahakara Sangha Niyamitha vs State of Karnataka - 2025 Supreme(Online)(Kar) 22494
No writ against societies: Mandatory statutory remedies first. Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547
Post-election start: Minimal interference; use election petitions. Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666Upputuri Rama Mohan Rao VS Election Officer Jonnalagadda PACCS - 2024 Supreme(AP) 813
Specific ineligibility: E.g., Grade-A societies or post-registration criteria in Gujarat, but intra-society removals still need process. KALUBHAI RANABHAI AKABARI VS STATE OF GUJARAT - 2007 0 Supreme(Guj) 420Shree Janjarva Seva Sahakari Mandali Limited v. Director and Others - 2017 Supreme(Online)(Guj) 25
Committee removals under Section 78A(1)(b) require Federal Society consultation. Kusum Ramesh Agarwal VS Hon’ble State Minister for Co-operation, Department of Co-operation - 2022 Supreme(Bom) 1566
To avoid litigation:
Societies: Issue notices, conduct inquiries before termination/exclusion (e.g., Maharashtra Sections 25/25A; Karnataka 17/18-A). Verify per Rules 9-11 for provisional lists.
Members: Exhaust Registrar remedies, raise prompt objections to provisional lists. Cite natural justice violations in writs if needed.
Pre-election: Challenge under relevant Rules for interim rights.
Legal practitioners should highlight procedural non-compliance for swift relief.
Cooperative democracy thrives on procedural fairness. Judgments like Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547 and Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666 affirm: no shortcuts in voters list management. Societies ignoring due process risk court-mandated inclusions and invalidated elections. Members, act swiftly via statutory channels.
By integrating these principles—supported by diverse state precedents—cooperatives can foster trust and compliance. Stay informed, follow the law, and ensure every eligible voice counts.
References:1. Raghur Nagaraja Naidu VS Railwaymens House Building Co-Operative Society Limited by its Secretary - 2013 0 Supreme(Kar) 547 - Writ non-maintainability, statutory resolution (Karnataka).2. Ramchandra Jakappa Nandavadekar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 666 - Arbitrary exclusion illegal (Maharashtra).3. Rahul Sambhaji Gaware VS State of Maharashtra - Bombay (2022) - Procedural integrity of lists.
#CoopLaw, #VotersListRemoval, #DueProcess
In the instant case, the programme for finalization of the voters list was already published and the cooperative societies/sugar factories completed the process of finalization of the voters list after painstakingly following the due procedure prescribed. ... Provisional list of voters for the societies having society or society and individuals as members: (1) A....
Cessation of membership has to be in accordance with the Act of 1960 and the Rules of 1961. It is thus crystal clear that without following the prescribed statutory procedure, the petitioners have been treated as non- members of the Society. ... Without following the procedure prescribed under the Act of 1960 as well as the Maharashtra Co-operative Societies Rules, 1961 (for short, “the Rules of 1....
preparing the voters' list under the said Rules. ... If the Rules are suitably amended requiring the concerned agriculturist, trader or cooperative society to furnish the details as per the criteria laid down in the amended S.11, many litigations could be avoided. ... As per the audit report certified by the Auditor, Cooperative Societies, Ahmedabad, the petitioner society was given Grade - A for the period 2015-16....
He further submits that respondent No.4 after following the due procedure under the provisions of the Act and rules made thereunder, the names of the respondent Nos.7 to 27 were rightly included as members in the Society. ... They also submit that respondent No.4 after following the due procedure under Section 25 (1-A) (a) of the Act, included them in the voters list#HL....
Provisional list of voters for co-operative societies having individuals as members :— (1) A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. ... He would draw our attention towards the provisions of the Maharashtra Cooperative Societies (Election of Committee) Rules 2014 (Rules of 2014) to submit t....
State of Maharashtra, (2001) 8 SCC 509, the Supreme Court, while dealing with the Maharashtra Co-operative Societies Act 1960 and the Rules made thereunder, held that preparation of voters' list is an intermediate stage in the process of the election of a specified society and ... The Apex Court, while dealing with the Maharashtra Co-operative Societies Act 1960 and the Rules made thereunder, held that preparation of voter....
The procedure under the Karnataka Co-operative Societies Act and Rules is a separate independent procedure. ... The second basket relating to the list of members, who have not paid the amounts due, that is, who are defaulters, would have to be published by following the procedure under Rule 13-D(iii) of the KCS Rule. 9.9. ... be substituted, namely:- "(3) The Election Officer shall take steps for publication of voters#HL_E....
issued without following the procedure. ... So far as T.Kothagudem Gram Panchayat is concerned, a separate society was registered under the provisions of the Act and commenced its activities as per the provisions of the Act and the Rules made thereunder i.e., the Telangana Cooperative Societies Rules, 1964 (for short “the Rules”) and out of the ... In view of the scheme of the Act and the #HL_STAR....
Provisional list of voters for the societies having society or society and individuals as members: (1) A provisional list of voters shall be prepared by every society in the year in which the elections of such society are due to be held. ... No. 5 society from the year 2019- 2020 till date after due verification of the accounts and status of members#HL....
The following can be deduced from the above Rules : (a) The provisional voters list is to be prepared by the Society whose election is due to be held. ... Provisional list of voters for the societies having society or society and individuals as members.- (1) A provisional list of voters shall be prepared by every society in....
4. It appears from the impugned order that Petitioners as Committee Members, refused to discharge the functions of the Society, besides violating the provisions of the Act, bye-laws and rules. Thus, after following due procedure, petitioners were removed from committee of the society. It is not in dispute that tenure of the petitioners as members of the committee has come to an end on.
This Rule applies to Respondent No. 3. It reads as follows: "9. Provisional list of voters for the societies having society or society and individuals as members (1) A provisional list of voters shall be prepared by every society in the year in which the elections of such society are due to be held. The active members who have completed minimum two years as members from the date of their enrolment up to the date of expiry of term of existing managing committee and in case of society being a active member who has completed minimum three years from the date of enrolment to ....
- 1986 GLH 430 (Para-27) (c) Interpretation of expression ‘Dispensing agriculture credit’ employed in Section11(1)(i) of APMC Act Clause11(1)(i) was substituted by way of Gujarat Act 14 of 2015 whereby earlier words used in the section namely ‘Cooperative societies (Other than cooperative marketing societies and mild produce cooperative societies)” were replaced by the words “Primary Agriculture Credit Cooperative Society”. The judgment would be applicable as the words explained viz. It is held by Hon'ble Supreme court of India in the case of Vineshkumar Parmar V. Dethali Goealkak Vividh Kar....
The active members who have completed minimum two years as members from the date of their enrollment [up to the date of expiry of terms of existing managing committee] and in case of society being a active member who has completed minimum three years from the date of enrollment [to], the date of expiry of period of existing managing committee; shall be included in the provisional list as laid down in section 27. If different constituencies are provided in the bye-laws, the names of voters shall be arranged consistency-wise as laid down in the bye-laws. Provisional list of voters fo....
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