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 the Managing Committee of Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmachari Sahakari Pat Sanstha Ltd., Akola-Washim, after the stipulated period of ten days from the date of declaration of the last election result. The petitioner argued that Section 73A disqualification applies only to 'designated officers' holding office in two societies simultaneously, and he was not a designated officer of the second society. He also contended that Section 73CA disqualification applies only to resignation from the office of a member of the committee of the same society, not from directorship of another society. The Court agreed with the petitioner's submissions, holding that the impugned orders were unsustainable. The Court allowed the writ petition, set aside the orders of the Minister, Divisional Joint Registrar, and District Deputy Registrar, and restored the petitioner's membership. The Court directed that the petitioner be allowed to function as a member of respondent no.5-Society.
Headnote
A) Cooperative Law - Disqualification of Member - Section 73A Maharashtra Cooperative Societies Act, 1960 - Designated Officer - The petitioner was disqualified by the Minister under Section 73A for allegedly acting as a designated officer of two societies simultaneously. The Court held that Section 73A applies only to 'designated officers' as defined under the Act, and the petitioner was not a designated officer of the second society. The disqualification under Section 73A was not attracted. (Paras 3-5)
B) Cooperative Law - Disqualification of Member - Section 73CA Maharashtra Cooperative Societies Act, 1960 - Resignation after Stipulated Period - The petitioner resigned as Director of another society after ten days from the date of declaration of election result. The Court held that Section 73CA disqualification applies only to resignation from the office of a member of the committee of the same society, not from directorship of another society. The disqualification under Section 73CA was not attracted. (Paras 3-6)
Issue of Consideration
Whether the petitioner incurred disqualification under Section 73A or 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 writ petition is allowed. The impugned orders passed by the respondent no.1-Hon’ble Minister, respondent no.2-Divisional Joint Registrar, and respondent no.3-District Deputy Registrar are quashed and set aside. The petitioner is restored as a member of respondent no.5-Society and shall be allowed to function as such.
Law Points
- Section 73A disqualification applies only to 'designated officers' holding office in two societies simultaneously
- Section 73CA disqualification for resignation after stipulated period not attracted if resignation is from directorship not covered under the provision
Case Details
2025 LawText (BOM) (11) 458
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 a 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 the Minister, Divisional Joint Registrar, and District Deputy Registrar disqualifying him as a member of respondent no.5-Society.
Filing Reason
Petitioner was disqualified on the ground that he had tendered resignation from the post of Director of another society after the stipulated period of ten days from the date of declaration of election result.
Previous Decisions
The District Deputy Registrar and Divisional Joint Registrar had held the petitioner disqualified, and the Minister upheld those orders.
Issues
Whether the petitioner incurred disqualification under Section 73A of the Maharashtra Cooperative Societies Act, 1960, for acting as a designated officer of two societies simultaneously.
Whether the petitioner incurred disqualification under Section 73CA of the Maharashtra Cooperative Societies Act, 1960, for resigning from the post of Director of another society after the stipulated period.
Submissions/Arguments
Petitioner submitted that Section 73A applies only to 'designated officers' and he was not a designated officer of the second society.
Petitioner submitted that Section 73CA applies only to resignation from the office of a member of the committee of the same society, not from directorship of another society.
Ratio Decidendi
Section 73A disqualification applies only to 'designated officers' as defined under the Act, and the petitioner was not a designated officer of the second society. Section 73CA disqualification applies only to resignation from the office of a member of the committee of the same society, not from directorship of another society.
Judgment Excerpts
The controversy in the present petition arises from the challenge to disqualification of the petitioner as a Member of respondent no.5–Society incurred under Section 73A of the Maharashtra Cooperative Societies Act, 1960.
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.
Procedural History
The petitioner was disqualified by the District Deputy Registrar and Divisional Joint Registrar. The petitioner challenged these orders before the Minister, who upheld them. The petitioner then filed the present writ petition before the High Court. The Court heard arguments on the application for vacation of interim relief and disposed of the petition at the admission stage.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 73A, 73CA
