Case Note & Summary
The petitioners, members of Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd. (respondent no.3), filed a writ petition under Article 226 of the Constitution of India challenging the order dated 8th June 2022 passed by respondent no.2 (District Cooperative Election Officer) finalizing the list of voters for the election of the managing committee. The term of the Board of Directors expired in 2020, and elections were postponed due to the COVID-19 pandemic. The petitioners alleged that the provisional voters list included names of a large number of deceased members. On 29th April 2022, they requested respondent no.3 to mark such deaths in the list. On 20th May 2022, respondent no.2 issued a letter directing respondent nos.4, 5, and 6 (Zilla Parishad, Panchayat Samiti, and Municipal Council) to examine the provisional list and submit a report. However, on 8th June 2022, respondent no.2 finalized the list without waiting for the reports from these authorities. The petitioners argued that this violated the direction and prejudiced the election. The court found that the finalization was premature and that the inclusion of dead members could affect the election's fairness. The court quashed the final voters list and directed respondent no.2 to redo the process after receiving reports from respondent nos.4, 5, and 6, and after considering objections. The court also directed that the election schedule be extended if necessary.
Headnote
A) Cooperative Law - Election - Voters List - Maharashtra Cooperative Societies Act, 1960, Section 27 - The court considered whether the final voters list prepared by the District Cooperative Election Officer for the election of the managing committee of a cooperative sugar factory was valid when it included names of deceased members and the provisional list was not examined by the local authorities as directed. The court held that the inclusion of dead members vitiates the list and directed the local authorities to examine the provisional list and submit a report before finalization. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The court exercised its writ jurisdiction to quash the final voters list and directed the election officer to redo the process after scrutiny by local authorities, ensuring a fair election. (Paras 1-10)
Issue of Consideration
Whether the final voters list prepared by the District Cooperative Election Officer for the election of the managing committee of a cooperative sugar factory can be sustained when it includes names of deceased members and the provisional list was not properly scrutinized by the local authorities as directed.
Final Decision
The court quashed and set aside the order dated 8th June 2022 finalizing the voters list. Directed respondent no.2 to redo the process after receiving reports from respondent nos.4, 5, and 6, and after considering objections. Directed that the election schedule be extended if necessary.
Law Points
- Election law
- Cooperative societies
- Voters list
- Inclusion of dead members
- Duty of election officer
- Scrutiny by local authorities
