Case Note & Summary
The petitioners, residents of villages in Kolhapur district, claimed to be agriculturists and members of Respondent No. 4 cooperative society. They were disqualified from membership and their names were deleted from the final voters' list by orders dated 13.04.2022 and 19.04.2022 passed by the District Co-operative Election Officer and District Deputy Registrar. The petitioners challenged these orders along with earlier orders of the Assistant Registrar (22.11.2021), Divisional Joint Registrar (12.01.2022), and the Minister of Cooperation (07.03.2022). The election of the society was scheduled for 05.06.2022, and the petitioners sought urgent interim relief to participate. The court found that the disqualification orders were passed without affording the petitioners an opportunity of being heard, violating principles of natural justice. The court set aside the disqualification orders and directed that the petitioners' names be restored in the voters' list, allowing them to vote and contest in the election, subject to the final outcome of the petition. The court also directed that the election process continue and that the results be declared but not implemented without further orders.
Headnote
A) Cooperative Law - Membership Disqualification - Natural Justice - Maharashtra Cooperative Societies Act, 1960 - Sections 27, 28 - Petitioners were disqualified as members and deleted from voters' list without being heard - Court held that the orders of disqualification were passed in violation of principles of natural justice and set them aside - Petitioners allowed to participate in election subject to final outcome (Paras 1-10).
Issue of Consideration
Whether the petitioners' disqualification from membership of the cooperative society and deletion from the voters' list was valid and whether they should be allowed to participate in the forthcoming election.
Final Decision
The court set aside the orders of disqualification dated 13.04.2022 and 19.04.2022, directed restoration of petitioners' names in the voters' list, and allowed them to vote and contest in the election scheduled for 05.06.2022, subject to final outcome. The election results were directed not to be implemented without further orders.
Law Points
- Natural justice
- right to be heard
- membership disqualification
- cooperative societies
- election participation
- interim relief
Case Details
2022 LawText (BOM) (06) 21
Writ Petition No. 6180 of 2022 with Interim Application No. 3288 of 2022
Milind N. Jadhav, Abhay Ahuja
Dr. Uday P. Warunjikar a/w. G.B. Naik for Petitioners; Mr. R.S. Pawar, AGP for State; Mr. Narendra Bandiwadekar a/w. Mr. Utkarsh Desai i/by Mr. Prashant Bhavake for Respondent Nos. 5 to 8; Mr. Deelip Patil Bankar, Chief Standing Counsel SCEA a/w. Ms. Pooja Deelip Patil for Respondent No. 9
Ashwini Sayaji Patil and Ors.
The State of Maharashtra and Ors.
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Nature of Litigation
Writ petition challenging disqualification of members from cooperative society and deletion from voters' list, seeking interim relief to participate in election.
Remedy Sought
Quashing of disqualification orders and restoration of names in voters' list to allow participation in election.
Filing Reason
Petitioners were disqualified as members and deleted from voters' list without being heard, and election was imminent.
Previous Decisions
Orders dated 22.11.2021 by Assistant Registrar, 12.01.2022 by Divisional Joint Registrar, 07.03.2022 by Minister of Cooperation, and 13.04.2022 and 19.04.2022 by District Co-operative Election Officer.
Issues
Whether the disqualification of petitioners from membership of the cooperative society was valid.
Whether the petitioners should be allowed to participate in the forthcoming election.
Submissions/Arguments
Petitioners argued that they were not heard before disqualification, violating natural justice.
Respondents opposed the petition, but the court found merit in the petitioners' submissions.
Ratio Decidendi
Orders of disqualification passed without affording opportunity of hearing are violative of principles of natural justice and liable to be set aside. Interim relief granted to allow participation in election pending final adjudication.
Judgment Excerpts
Being disqualified from the membership of the Society the names of the Petitioners do not appear in the final voting list of the Society.
The court set aside the disqualification orders and directed restoration of names in the voters' list.
Procedural History
The petitioners challenged orders of Assistant Registrar (22.11.2021), Divisional Joint Registrar (12.01.2022), Minister of Cooperation (07.03.2022), and District Co-operative Election Officer (13.04.2022 and 19.04.2022) by way of writ petition. The matter was heard by vacation bench on 04.06.2022.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Sections 27, 28
