Case Note & Summary
The petitioners, Prakash Krishna Pawar and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 12 January 2015 passed by the Maharashtra State Cooperative Election Authority (respondent No.1). The Election Authority had rejected the petitioners' objection to include the names of 108 members in the proposed voters list for the election of the first society, Pimpari Vikas Seva Society, on the ground that those members were also members of a second society, Pimpri No.2 Society, formed within the same jurisdiction. The petitioners argued that dual membership was not permissible under the by-laws and that the 108 members should be excluded from the voters list. The first society was registered on 28 January 1959, and the second society on 14 October 2003. The society had adopted new by-laws on 3 October 2013 pursuant to amendments to the Maharashtra Cooperative Societies Act, 1960, and the rules thereunder. The new by-laws provided that if a new society is formed within the jurisdiction of an existing society, the existing members should resign from the first society to become members of the new society if they wish to borrow loans from the new society. However, the 108 members had borrowed loans only from the first society and were not defaulters. The court noted that the submission of automatic cessation of membership upon becoming a member of another society was unacceptable because the first society cannot de-list those members automatically. There was nothing on record to show that any objection was raised earlier for such de-listing, and previous elections had taken place based on the same list of members. The society had finalized and submitted the list inclusive of these members, and the authority after hearing the petitioners' objections maintained the list. The court held that at the instance of the petitioners, no case was made out for deletion of the names, and it was too late to disturb the list dated 15 January 2015. The court dismissed the petition, leaving the issue open for appropriate consideration at a later stage subject to interpretation of the rules.
Headnote
A) Cooperative Societies - Dual Membership - Voters List - The petitioners objected to inclusion of 108 members in the voters list of the first society on the ground that they were also members of a second society formed within the same area, contending dual membership is not permissible. The Election Authority rejected the objection. The High Court held that there is no automatic cessation of membership upon becoming a member of another society; the first society cannot de-list those members automatically. The previous elections were held based on the same list, and no earlier objection was raised. The court found no case for deletion at this stage, leaving the issue open for appropriate consideration later. (Paras 2-5)
Issue of Consideration
Whether the petitioners' objection to include names of 108 members in the voters list on the ground of dual membership was correctly rejected by the Election Authority.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Dual membership in cooperative societies
- Automatic cessation of membership
- Voters list in cooperative elections
- By-laws interpretation
- Deletion of members from voters list
