Case Note & Summary
The petitioner, Shashikant Balkrushna Gaikwad, challenged his disqualification as a member of respondent no.5-Society, Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., under Section 73A and Section 73CA of the Maharashtra Cooperative Societies Act, 1960. The disqualification was based on his resignation from the post of Director of Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd. after the stipulated period of ten days from the declaration of election results. The petitioner argued that Section 73A applies only when a person simultaneously holds office as a 'designated officer' in two societies, and his resignation from directorship did not attract this provision. The Court agreed, holding that Section 73A disqualification is not attracted as the petitioner never acted as a designated officer of two societies at a time. Regarding Section 73CA, the Court noted that the provision applies to resignation from membership of the same society, not from directorship of another society. Consequently, the Court quashed the impugned orders and allowed the writ petition, setting aside the disqualification.
Headnote
A) Cooperative Societies - Disqualification under Section 73A - Designated Officer - Section 73A of Maharashtra Cooperative Societies Act, 1960 - The issue was whether the petitioner, who resigned as Director of one society, incurred disqualification under Section 73A for being a 'designated officer' of two societies. The Court held that Section 73A applies only when a person simultaneously holds office as a designated officer in two societies, and resignation from directorship does not attract this provision. (Paras 3-5)
B) Cooperative Societies - Disqualification under Section 73CA - Resignation after Stipulated Period - Section 73CA of Maharashtra Cooperative Societies Act, 1960 - The Court examined whether the petitioner's resignation from the post of Director after ten days from the declaration of election results attracted disqualification. The Court held that the provision applies only to resignation from membership of the same society, not from directorship of another society. (Paras 3-4)
Issue of Consideration
Whether the petitioner incurred disqualification under Section 73A and Section 73CA of the Maharashtra Cooperative Societies Act, 1960 for having tendered resignation from the post of Director of another society after the stipulated period.
Final Decision
The Court allowed the writ petition, quashed the impugned orders, and set aside the disqualification of the petitioner.
Law Points
- Section 73A disqualification applies only when a person simultaneously holds office as designated officer in two societies
- Section 73CA disqualification for resignation after stipulated period
- Interpretation of 'designated officer' under Section 73A
- Resignation from directorship not covered under Section 73A
Case Details
WRIT PETITION NO. 1495 OF 2025
Prafulla S. Khubalkar, J.
Shri M.G. Bhangde, Senior Advocate with Shri R.D. Karode for petitioner; Ms P.C. Bawankule, Assistant Government Pleader for respondent nos.1 to 3; Shri C.S. Kaptan, Senior Advocate with Shri A.M. Ghare for respondent no.4; Shri A.D. Gabhane for respondent no.5
Shashikant Balkrushna Gaikwad
The Hon’ble Minister, Co-operation Department, Government of Maharashtra; The Divisional Joint Registrar, Cooperative Societies, Amravati; District Deputy Registrar of Cooperative Societies, Akola; Nilesh Vasantrao Kale; Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola; Maroti Laxmanrao Warokar
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Nature of Litigation
Writ petition challenging disqualification of petitioner as member of a cooperative society under Sections 73A and 73CA of the Maharashtra Cooperative Societies Act, 1960.
Remedy Sought
Petitioner sought quashing of orders passed by respondent no.1 (Minister) and lower authorities disqualifying him as member of respondent no.5-Society.
Filing Reason
Petitioner was disqualified on grounds of having tendered resignation from the post of Director of another society after the stipulated period, allegedly attracting disqualification under Sections 73A and 73CA.
Previous Decisions
District Deputy Registrar and Divisional Joint Registrar held petitioner disqualified; respondent no.1 (Minister) upheld those orders.
Issues
Whether the petitioner incurred disqualification under Section 73A of the Maharashtra Cooperative Societies Act, 1960 for being a 'designated officer' of two societies simultaneously.
Whether the petitioner incurred disqualification under Section 73CA of the Act for resigning from directorship after the stipulated period.
Submissions/Arguments
Petitioner argued that Section 73A applies only when a person simultaneously holds office as a designated officer in two societies, and his resignation from directorship does not attract this provision.
Petitioner contended that Section 73CA applies to resignation from membership of the same society, not from directorship of another society.
Ratio Decidendi
Section 73A of the Maharashtra Cooperative Societies Act, 1960 disqualifies a person only if he simultaneously holds office as a designated officer in two societies; resignation from directorship does not attract this provision. Section 73CA applies to resignation from membership of the same society, not from directorship of another society.
Judgment Excerpts
The issue is whether the petitioner stood disqualified on the ground that he has tendered his resignation from the post of Director of the Managing Committee of Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd., Akola-Washim, after the stipulated period i.e. after ten days from the date on which the result of the last election was declared.
Shri M.G. Bhangde, learned Senior Advocate for the petitioner primarily submitted that there is no basis for any disqualification under Section 73A and that provisions of Section 73A of the Act of 1960 are not at all attracted since the petitioner has never acted as a 'designated officer' of two societies at a time.
Procedural History
The petitioner was disqualified by the District Deputy Registrar and Divisional Joint Registrar; the order was upheld by the respondent no.1 (Minister). The petitioner then filed the present writ petition challenging these orders.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 73A, 73CA
