Case Note & Summary
The petitioners, who are members of Deshbhakta Ratnappanna Kumbhar Panchaganga Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, filed two writ petitions challenging the election process of the society. The first petition (WP No. 5418/2025) was filed by six individual members, and the second petition (WP No. 11038/2025) was filed by the society itself through its Managing Director along with two other members. The petitioners sought to quash the election notification dated 24/10/2025 issued by the Returning Officer, and to direct the respondents to conduct elections in accordance with the bye-laws of the society. The background facts reveal that the election programme was published on 24/10/2025, with the last date for filing nominations being 28/10/2025. The petitioners filed their nominations, but some were rejected. Instead of challenging the rejection before the Cooperative Election Authority or under Section 152 of the Maharashtra Co-operative Societies Act, 1960, the petitioners directly approached the High Court by filing writ petitions on 4/11/2025 and 5/11/2025, after the election schedule had progressed. The court noted that the petitioners had not challenged the election notification promptly and had not availed the alternative remedy available under Section 152 of the Act. The court held that the writ petitions were not maintainable due to laches and the availability of an efficacious alternative remedy. The court observed that interfering with the election process at a belated stage would disrupt the democratic process of the cooperative society. Consequently, both writ petitions were dismissed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Laches - Alternative Remedy - Petitioners challenged election notification of cooperative society after substantial delay and without exhausting statutory remedy under Section 152 of Maharashtra Co-operative Societies Act, 1960 - Court held that writ petition is not maintainable due to laches and availability of efficacious alternative remedy - Held that interference in election process at belated stage would disrupt democratic process (Paras 5-8). B) Cooperative Law - Election Process - Delay and Laches - Petitioners filed writ petition after election schedule was published and nominations were filed - Court found that petitioners slept over their rights and approached court only after being aggrieved by rejection of nominations - Held that such belated challenge cannot be entertained (Paras 5-8).
Issue of Consideration
Whether the writ petitions challenging the election process of a cooperative sugar factory are maintainable when the petitioners approached the court after the election schedule was published and without availing the alternative remedy under Section 152 of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
Both writ petitions are dismissed.
Law Points
- Laches
- Alternative remedy
- Cooperative society elections
- Writ jurisdiction
- Delay and laches
- Section 152 Maharashtra Co-operative Societies Act
- 1960
