Case Note & Summary
The matter arose from a writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad, filed by Santosh Thorbole, a member of Vividh Karyakari Seva Sahakari Sanstha Maryadit Satra, a cooperative society. The petitioner, holding a General Power of Attorney for 57 other members, challenged the order of the Assistant Registrar (Election Officer) dated 06.02.2023, deleting 58 names from the final voters list for the society's managing committee elections. The term of the managing committee had ended, and an election programme was published. The society's secretary forwarded a provisional voters list of 588 members on 24.01.2023, which included the petitioner and the 57 others. Respondent No.5 objected, seeking deletion of 58 names on the ground that a society resolution on 30.09.2018, pursuant to the 97th Constitutional Amendment, mandated deletion of members not holding 10 Are of agricultural land. The society responded that the membership cancellation process was not completed as no notices were issued. The Election Officer initially published a final voters list including the 58 members, but within hours published a revised list deleting them. The petitioner contended the deletion was without notice and contrary to Section 11 of the Maharashtra Co-operative Societies Act, 1960, and relied on a previous High Court decision. Respondent No.5 argued the petitioner lacked standing to represent others, that the model bye-laws mandated 10 Are land holding, and the members did not meet this condition, so their membership automatically ceased. The Election Officer submitted that the error was rectified promptly and the society's response did not dispute the lack of land. The court noted the settled law that it would not ordinarily interfere in cooperative election processes unless patent illegality existed and interference aided the process. The court examined the society's bye-laws and the 97th Amendment's impact, noting the response of the society indicated the removal process was incomplete but did not dispute the members' lack of land. The judgment text is incomplete, and the final decision was not included.
Headnote
A) Cooperative Law - Elections - Writ Jurisdiction - Maharashtra Co-operative Societies Act, 1960 - The High Court will not ordinarily interfere in the election process of a cooperative society unless there is a patent illegality, and any interference must be in aid of the election process (Para 13).
B) Constitutional Law - 97th Amendment - Membership Eligibility - Constitution (Ninety-seventh Amendment) Act, 2011; Maharashtra Co-operative Societies Act, 1960, Sections 13, 14 - The 97th Amendment and model bye-laws imposed mandatory conditions for membership, including requirement of holding 10 Are agricultural land for agriculturist members; members not satisfying such condition are deemed to cease membership automatically (Paras 9-11).
C) Cooperative Law - Membership Deletion - Natural Justice - Maharashtra Co-operative Societies Act, 1960, Section 11 - Members whose names are sought to be deleted from membership must be given notice and opportunity of hearing before deletion; absence of such notice renders the deletion procedurally deficient (Paras 4,5,14).
D) Practice and Procedure - Locus Standi - General Power of Attorney - A writ petition filed by one member on behalf of others based on a General Power of Attorney is maintainable; however individual facts and affidavits of each affected member are required to assert eligibility (Para 8).
E) Cooperative Law - Voter List - Revision - The Election Officer has the authority to correct errors in the voter list; however, such correction must be based on proper verification of facts and not arbitrarily (Paras 12, 16).
Issue of Consideration
Whether the Election Officer could delete 58 members from the final voters list without prior notice and hearing? Whether the requirement of owning 10 Are of agricultural land is mandatory for membership as per the bye-laws? Whether the writ petition is maintainable on behalf of 57 others through General Power of Attorney?
Final Decision
Not mentioned as judgment text is incomplete
Law Points
- Legal points not extracted
- High Court will not ordinarily interfere in election process of cooperative societies unless patent illegality and interference is in aid of election
- membership in cooperative society under model bye-laws requires 10 Are land for agriculturists
- deletion of members from voters list without notice violates natural justice
- Election Officer has power to correct errors in voter list
Case Details
2023 LawText (BOM) (01) 12
Writ Petition No.1725 of 2023
N. P. Patil Jamalpurkar, K. N. Lokhande, S. K. Kadam, Abhishek D. Chapule, V. D. Salunke
Santosh S/o Rajesaheb Thorbole
The State of Maharashtra, The District Co-operative Election Officer and the District Deputy Registrar Co-operative Societies Osmanabad, The Assistant Registrar Co-operative Societies Kallam, Vividh Karyakari Seva Sahakari Sanstha Maryadit Satra, Bajran S/o Bhagwan Shinde
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Nature of Litigation
Writ petition challenging deletion of names from provisional voters list of a cooperative society
Remedy Sought
Petitioner seeking to quash the order deleting 58 members' names and to include them in the final voters list
Filing Reason
Petitioner and 57 other members' names were deleted from the voters list without notice, despite being longstanding members
Previous Decisions
Previous decisions not referenced
Issues
Whether the deletion of 58 members from the final voters list by the Election Officer without prior notice violates principles of natural justice?
Whether a writ petition under Article 226 can be maintained by a single member on behalf of others holding General Power of Attorney?
Whether the members satisfy the mandatory eligibility condition of owning 10 Are of agricultural land as per the society's bye-laws?
Whether the High Court should interfere in the ongoing election process of a cooperative society under its writ jurisdiction?
Submissions/Arguments
Petitioner argued that the 58 members have been members for over 20 years and have voted previously; their names cannot be deleted without notice and a formal order under Section 11 of the MCS Act.
Petitioner contended that the society's resolution of 30.09.2018 sought to delete 146 members, but only 58 were deleted, while 88 others were retained, showing arbitrariness.
Petitioner pointed out that the Election Officer published a final list including the names, then within hours revised it deleting the names, which is illegal.
Petitioner relied on Writ Petition No.13018 of 2022 dated 16.01.2023, a similar case.
Respondent No.5 argued that petitioner cannot agitate on behalf of 57 others; each must plead individual facts and own affidavit; the GPA is insufficient.
Respondent No.5 submitted that as per the 97th Constitutional Amendment and model bye-laws, a member must own 10 Are of land; these 58 members do not hold such land, so they deemed to have ceased to be members automatically, no formal expulsion needed.
Respondent No.5 contended that the society's response did not dispute that the members lack land.
Respondent No.5 argued the petition should be restricted to the individual petitioner.
Election Officer submitted that the error in publishing the final list was immediately rectified within hours; the society's response did not dispute lack of land, so deletion was proper.
Ratio Decidendi
High Court will not ordinarily interfere in the election process of cooperative societies unless an illegality committed is patent and the interference is in aid of the election process.
Judgment Excerpts
By the present petition, the petitioner is challenging the order dated 06.02.2023, passed by the Assistant Registrar, Co-operative Societies / Election Officer, thereby, 58 names ... were deleted from the provisional voters list.
the law on the aspect of this Court’s jurisdiction to interfere in election process of Co-operative Societies is well settled that this court would not ordinarily interfere with the election process of the society unless the illegality committed is patent and that the interference by this Court is only in aid of the election process.
The Response of the society indicates that although the society has passed a resolution the process of removal of membership is yet to be completed. However, from his record the Secretary of Respondent No.4 - Society has not disputed that the petitioners / deleted members do not own 10 Are of land.
as per the provisions made in the by-laws of the Society, a non-account holder cannot become a member of the Society as per the Agenda No.6 passed in the Annual General Body Meeting dated 30-09-2018... the Society has not served any notice to such members. There share have not been returned. Therefore, their names cannot be deleted from the voter’ list in the present situation.
Procedural History
The petitioner filed Writ Petition No.1725 of 2023 before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the Election Officer's order dated 06.02.2023 deleting 58 members from the final voters list of a cooperative society. The petition was heard on 22.02.2023 and judgment reserved.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 11, 13, 14, 27(8)
- Constitution (Ninety-seventh Amendment) Act, 2011:
