Case Note & Summary
The petitioner, Udhav Laxman Jadhav, filed a writ petition before the Bombay High Court at Kolhapur challenging the election process of Bhagwanrao Jadhav Vikas Seva Society Ltd., a cooperative society. The petitioner alleged irregularities in the election and sought intervention from the High Court. However, the Court noted that the petitioner had not availed the statutory remedy of filing an election petition under Section 152A of the Maharashtra Cooperative Societies Act, 1960, which provides a specific mechanism for resolving election disputes. The Court observed that the High Court, under Article 226 of the Constitution, generally does not entertain writ petitions when an alternative efficacious remedy is available and has not been exhausted. The Court dismissed the writ petition as not maintainable, granting the petitioner liberty to approach the appropriate forum under the Act. The judgment was delivered by a single bench of the Bombay High Court at Kolhapur on 15 October 2025.
Headnote
A) Cooperative Law - Election Dispute - Alternative Remedy - Section 152A Maharashtra Cooperative Societies Act, 1960 - The petitioner challenged the election of a cooperative society without first availing the remedy of filing an election petition under Section 152A. The Court held that the writ petition is not maintainable as the petitioner has an efficacious alternative remedy and dismissed the petition with liberty to approach the appropriate forum. (Paras 1-3)
Issue of Consideration
Whether the High Court should entertain a writ petition challenging the election process of a cooperative society when an alternative statutory remedy under Section 152A of the Maharashtra Cooperative Societies Act, 1960 is available and the petitioner has not exhausted it.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is at liberty to approach the appropriate forum under the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Alternative remedy
- Exhaustion of statutory remedy
- Jurisdiction of High Court under Article 226
- Cooperative society elections
- Maharashtra Cooperative Societies Act
- 1960 Section 152A
