Case Note & Summary
The writ petition challenged the order of the Divisional Joint Registrar, Cooperative Societies, Pune, dated 29th September 2021, rejecting Objection Application No. 54/2021 filed by the petitioners. Petitioner Nos. 1 and 2 were members of Petitioner No. 3, a cooperative society under the Maharashtra Cooperative Societies Act, 1960. Petitioner No. 3 was a member of the Pune District Central Coop. Bank (Respondent No. 3), a federal society. Elections were to be held for the Managing Committee of Respondent No. 3 for the term 2020-2025. The cut-off date for determining voter eligibility was 4th May 2020. On 17th December 2019, a notification for the elections was issued. Petitioner No. 3 passed a resolution on 6th January 2020 nominating Petitioner No. 2 as its representative. The provisional voters list was forwarded by Respondent No. 3 on 25th August 2021 and published between 3rd and 13th September 2021. The petitioners objected to the exclusion of Petitioner No. 3's name, contending it was not a defaulter on the date of publication. Respondent No. 1 rejected the objection, holding that Petitioner No. 3 was a defaulter on the cut-off date and had cleared its dues only 16 months later, on 13th September 2021. The impugned order also noted that on 6th January 2020, when the resolution was passed, Petitioner No. 3 was a defaulter. Consequently, the name was excluded from the preliminary voters list. The writ petition was filed on 22nd September 2021. The final voter list was published on 27th September 2021, but the election programme was kept in abeyance due to the pending petition. At the hearing, the respondents raised a preliminary objection regarding maintainability. They argued that the rejection of the objection application was an intermediate stage in the election process and that an alternative remedy was available under Rule 78 of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014, read with Section 91 of the Act. They contended that the court should not interfere at this stage, as it would delay the electoral process. The petitioners countered that no alternative remedy was available to them at this stage, as they were not members of Respondent No. 3 and the dispute did not fall within Section 91. They further argued that the deletion of Chapter XI-A of the Act by the Maharashtra Amendment Act 16 of 2013 altered the legal landscape, and that the writ jurisdiction under Article 226 of the Constitution was available for patent illegality. The court reserved judgment on 12th October 2021. The provided judgment text is incomplete and does not contain the court's analysis, decision, or reasoning.
Issue of Consideration
Whether the writ petition is maintainable at an intermediate stage of the election process in light of the alleged availability of an alternative remedy under Section 91 read with Rule 78 of the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Writ jurisdiction in election disputes
- maintainability of writ petition at intermediate stage of election process
- alternative remedy under Section 91 read with Rule 78 of Maharashtra Cooperative Societies Act
- 1960
- effect of deletion of Chapter XI-A by Maharashtra Amendment Act 16 of 2013
- discretion of court under Article 226 of Constitution of India
Case Details
2021 LawText (BOM) (11) 19
Writ Petition No. 5878 of 2021
S.J. Kathawalla, Milind N. Jadhav
Mr. Prasad D. Dani (Senior Advocate), Mr. Prashant D. Patil (for Petitioners); Mr. Dilip Bodake (for Respondent No. 1); Mr. A.Y. Sakhare (Senior Advocate), Mr. Joel Carlos, Mr. R.S. Mirpury (for Respondent No. 3); Mr. Vineet Naik (Senior Advocate), Mr. P.P. Kakade, Govt. Pleader, Mr. Sukand Kulkarni, Mr. S.S. Panchpor, AGP (for State)
Dattatray Genaba Lole, Santosh Kundlik Lole, Sangvi Sandas Vividh Karyakari Seva Sahakari Society Ltd.
Divisional Joint Registrar, Cooperative Societies, Pune; Deputy Registrar, Cooperative Societies, Pune; Chief Executive Officer, Pune District Central Coop. Bank; State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 challenging the rejection of an objection application seeking inclusion in the preliminary voters list for elections to the managing committee of a cooperative bank.
Remedy Sought
Inclusion of Petitioner No. 3 society's name in the provisional voters list for the impending elections of Respondent No. 3 bank.
Filing Reason
The impugned order dated 29 September 2021 rejected the objection application on the ground that Petitioner No. 3 was a defaulter on the cut-off date of 4 May 2020, rendering it ineligible to vote.
Previous Decisions
The impugned order dated 29 September 2021 rejected Objection Application No. 54/2021; no prior court decisions are mentioned.
Issues
Whether the writ petition is maintainable at an intermediate stage of the election process when an alternative remedy under Section 91 read with Rule 78 of the Maharashtra Cooperative Societies Act, 1960 is available.
Whether the deletion of Chapter XI-A of the Act by Maharashtra Amendment Act 16 of 2013 affects the availability of the alternative remedy.
Submissions/Arguments
Respondents contended that the writ petition is not maintainable as it challenges an intermediate stage of the election process; an alternative remedy exists under Rule 78 read with Section 91 of the Act; interference would delay the electoral process.
Petitioners contended that no alternative remedy is available at this stage; the remedy under Section 91 is not available to them as they are not members of Respondent No. 3; the deletion of Chapter XI-A changes the legal position; writ remedy under Article 226 is available against patent illegality.
Judgment Excerpts
The Objection Application took exception to the exclusion of the name of Petitioner No. 3 from the Preliminary Voters List prepared in relation to the elections to be held of Respondent No. 3 Society, of which Petitioner No. 3 is a member.
the dismissal of the Objection Application and the preparation of the provisional voter list, from which the Petitioners name was excluded, are intermediate stages in the election process contemplated under the Act and Rules.
the remedy available under Article 226 of the Constitution of India is available whenever there is a patent illegality, and no such restriction can be read into the exercise of such powers.
It was also contended that any interference at this stage will disturb and delay the electoral process and it is of paramount importance that the same should reach its conclusion.
Procedural History
Election notification was issued on 17 December 2019. Petitioner No. 3 passed a resolution on 6 January 2020 appointing its representative. The cut-off date for voter eligibility was 4 May 2020. The provisional voters list was forwarded on 25 August 2021 and published between 3 and 13 September 2021. Petitioner No. 3 cleared its overdue dues on 13 September 2021. The objection application was rejected on 17 September 2021. The writ petition was filed on 22 September 2021. The final voter list was published on 27 September 2021. The court heard arguments and reserved judgment on 12 October 2021; the judgment was pronounced on 26 November 2021.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 27, Section 91, Section 144T (deleted), Section 73G (deleted)
- Maharashtra Cooperative Societies (Election to Committee) Rules, 2014: Rule 9(1), Rule 9(3), Rule 18, Rule 78
- Constitution of India: Article 226
