Case Note & Summary
The petitioners, two primary milk cooperative societies, were members of the respondent no.4 federal society (Pune Zillha Sahakari Dudh Utpadak Sangh Ltd.). They became members on 29th June 2017. The election of the federal society for the term 2021-2026 was scheduled, and the Maharashtra State Co-operative Election Authority issued an order dated 10th February 2021 and a letter dated 18th February 2021, fixing the cut-off date for eligibility of primary societies as 21st June 2020. The petitioners were excluded from the voters list because they became members after that cut-off date. The petitioners challenged this order by way of a writ petition under Article 226 of the Constitution of India, seeking a mandamus to quash the order and to include their names in the voters list. The court considered the relevant rules, particularly Rule 9 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014, which deals with the preparation of the list of members. The court held that the cut-off date must be applied prospectively from the date of issuance of the election program, not retrospectively. Since the petitioners were members prior to the election program, they were entitled to vote. The court quashed the impugned order and directed the respondents to include the petitioners' names in the voters list and to proceed with the election accordingly.
Headnote
A) Cooperative Law - Election to Committee - Eligibility of Members - Cut-off Date - The issue was whether primary milk societies that became members of a federal society after the cut-off date (21st June 2020) could be included in the voters list for the election of the federal society. The court held that the cut-off date must be applied prospectively and that the petitioners, having become members prior to the issuance of the election program, were entitled to vote. The court quashed the order of the Election Authority and directed inclusion of the petitioners' names in the voters list. (Paras 2-10)
B) Cooperative Law - Interpretation of Rules - Rule 9 of Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 - The court interpreted Rule 9 to mean that the cut-off date for membership eligibility is the date of issuance of the election program, not a retrospective date. The court held that the Election Authority's order fixing a cut-off date of 21st June 2020 was arbitrary and contrary to the rules. (Paras 5-8)
C) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The court exercised its writ jurisdiction to quash the order of the Election Authority and direct inclusion of the petitioners in the voters list, as the order was found to be illegal and violative of the principles of natural justice. (Paras 2, 10)
Issue of Consideration
Whether the cut-off date for determining eligibility of primary societies to vote in the election of a federal cooperative society should be applied prospectively or retrospectively, and whether the petitioners, who became members after the cut-off date, are entitled to be included in the voters list.
Final Decision
The court allowed the writ petition, quashed the order dated 10th February 2021 and the letter dated 18th February 2021, and directed the respondents to include the names of the petitioners in the voters list for the election of the respondent no.4 federal society and to proceed with the election in accordance with law.
Law Points
- Eligibility of members for cooperative society elections
- cut-off date for membership
- prospective application of rules
- interpretation of Rule 9 of Maharashtra Co-operative Societies (Election to Committee) Rules
- 2014
- Article 226 of Constitution of India
Case Details
2021 LawText (BOM) (07) 29
WRIT PETITION (STAMP) NO. 8218 OF 2021
R. D. Dhanuka, Abhay Ahuja
Mr. Anil Y. Sakhare, Senior Advocate a/w Mr. Rohan S. Mirpury for Petitioners; Mr. Yuwraj D. Patil, AGP for Respondent No.1; Mr. Deelip Patil Bankar, CSC – CESA a/w Pooja Deelip Patil for Respondent No.2; Mr. Shekhar Jagtap a/w Ms. Sairuchita Chowdhary and Mr. Ninad Naik for Respondent No.4
Shriram Sahakari Dudh Utpadak Sanstha Maryadit and Kalbhairavnath Sahakari Dudh Utpadak Sanstha Maryadit
State of Maharashtra, Maharashtra State Co-operative Election Authority, Assistant Registrar, Co-operative Societies (Milk), Pune, and Pune Zillha Sahakari Dudh Utpadak Sangh Ltd.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of the Maharashtra State Co-operative Election Authority fixing a cut-off date for membership eligibility for election to the committee of a federal cooperative society.
Remedy Sought
The petitioners sought a writ of mandamus to quash the order dated 10th February 2021 and letter dated 18th February 2021, and to direct the respondents to extend the cut-off date and include the petitioners in the voters list for the election of the respondent no.4 federal society.
Filing Reason
The petitioners were excluded from the voters list for the election of the federal society because they became members after the cut-off date of 21st June 2020 fixed by the Election Authority.
Previous Decisions
The Election Authority passed an order dated 10th February 2021 and issued a letter dated 18th February 2021 fixing the cut-off date as 21st June 2020, which led to the exclusion of the petitioners.
Issues
Whether the cut-off date for determining eligibility of primary societies to vote in the election of a federal cooperative society should be applied prospectively or retrospectively.
Whether the petitioners, who became members of the federal society on 29th June 2017, are entitled to be included in the voters list for the election of the federal society for the term 2021-2026.
Submissions/Arguments
The petitioners argued that the cut-off date of 21st June 2020 was arbitrary and contrary to Rule 9 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014, which requires the cut-off date to be the date of issuance of the election program.
The respondents argued that the cut-off date was fixed in accordance with the rules and that the petitioners, having become members after the cut-off date, were not eligible to vote.
Ratio Decidendi
The cut-off date for membership eligibility in cooperative society elections must be applied prospectively from the date of issuance of the election program, not retrospectively. Members who became members prior to the election program are entitled to vote, and any order fixing a retrospective cut-off date is arbitrary and illegal.
Judgment Excerpts
By this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of mandamus for quashing and setting aside the order dated 10th February, 2021 passed by the Maharashtra State Co-operative Election Authority and the letter dated 18th February, 2021 issued by the said Authority.
The petitioners were registered as primary milk societies and became members of the respondent no.4 federal society on 29th June, 2017.
On 22nd June, 2015, the election of the respondent no.4 federal society was conducted for the term 2015-2020. The term of the Managing Committee was due to expire on 21st June, 2020.
Procedural History
The petitioners filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay challenging the order dated 10th February 2021 and letter dated 18th February 2021 of the Maharashtra State Co-operative Election Authority. The petition was heard finally by consent of parties on 15th June 2021 and judgment was pronounced on 16th July 2021.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Co-operative Societies Act, 1960:
- Maharashtra Co-operative Societies (Election to Committee) Rules, 2014: Rule 9
