Case Note & Summary
The petitioners, four individuals, filed a writ petition before the Bombay High Court seeking a direction to hold elections of respondent Nos. 6, 7, and 8, which are Adiwasi Jungle Kamgar Sahakari Societies, as per Section 73B of the Maharashtra Cooperative Societies Act, 1960. The petitioners contended that the respondent authorities (State of Maharashtra and cooperative officials) were not permitting any non-tribal members into the managing committee of these societies, thereby violating the statutory provisions. The court heard the petitioners' counsel, the Assistant Government Pleader for the state respondents, and the intervenor supporting the state's defence. The court observed that the nature of the controversy required immediate resolution and issued rule, making it returnable forthwith. After hearing the parties, the court directed that elections of the respondent societies be held in accordance with Section 73B of the Act, and that non-tribal members cannot be excluded from the managing committee. The judgment was delivered by a division bench comprising Justices B.P. Dharmadhikari and M.G. Giratkar on September 11, 2018.
Headnote
A) Cooperative Law - Elections - Section 73B Maharashtra Cooperative Societies Act, 1960 - Mandatory Elections - Petitioners sought direction to hold elections of respondent cooperative societies as per Section 73B of the Act. The court held that elections must be conducted in accordance with the statutory provisions and non-tribals cannot be excluded from the managing committee. (Paras 1-3)
Issue of Consideration
Whether the respondent authorities can prevent non-tribal members from contesting elections to the managing committee of Adiwasi Jungle Kamgar Cooperative Societies, and whether elections must be held under Section 73B of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The court directed that elections of respondent Nos. 6, 7 & 8 cooperative societies be held as per Section 73B of the Maharashtra Cooperative Societies Act, 1960, and that non-tribal members cannot be excluded from the managing committee.
Law Points
- Elections of cooperative societies must be held as per statutory provisions
- Non-tribals cannot be excluded from managing committee of tribal cooperative societies
- Section 73B of Maharashtra Cooperative Societies Act
- 1960 mandates timely elections
Case Details
2018 LawText (BOM) (09) 123
Writ Petition No. 4159 of 2016
B.P. Dharmadhikari, M.G. Giratkar
M.V. Samarth for petitioners, N.P. Mehta for respondent Nos. 1 to 5 & 8, I.N. Choudhari for intervenor
Sadashiv Barku Walthare, Shankar Dhaman Raut, Radhesham Ramchandra Waghmare, Nitin Purushottam Sonwane
The State of Maharashtra, The Commissioner for Cooperation and Registrar of Cooperative Societies, The District Deputy Registrar, Cooperative Societies, Bhandara, The Assistant Registrar, Cooperative Societies, Sakoli, The Assistant Registrar, Bhandara, Panchsheel Adiwasi Jungle Kamgar Cooperative Society, Bajrang Adiwasi Jungle Kamgar Cooperative Society, Nutan Adiwasi Jungle Kamgar Sahakari Sanstha
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Nature of Litigation
Writ petition seeking direction to hold elections of cooperative societies
Remedy Sought
Direction to hold elections of respondent Nos. 6, 7 & 8 cooperative societies as per Section 73B of the Maharashtra Cooperative Societies Act, 1960
Filing Reason
Respondent authorities not permitting non-tribal members into the managing committee of the societies
Issues
Whether elections of respondent cooperative societies must be held under Section 73B of the Maharashtra Cooperative Societies Act, 1960?
Whether non-tribal members can be excluded from the managing committee of Adiwasi Jungle Kamgar Cooperative Societies?
Submissions/Arguments
Petitioners argued that respondent authorities are not permitting non-tribal members into the managing committee, violating Section 73B.
State respondents and intervenor supported the exclusion of non-tribals from the managing committee.
Ratio Decidendi
Elections of cooperative societies must be conducted in accordance with Section 73B of the Maharashtra Cooperative Societies Act, 1960, and non-tribal members have the right to be part of the managing committee.
Judgment Excerpts
Looking to the nature of controversy, we issue Rule and make it returnable forthwith.
Heard finally.
Shri Samarth, learned counsel for the petitioner seeks a direction to hold elections of respondent Nos. 6, 7 & 8 – Adiwasi Jungle Kamgar Sahakari Society, as per provisions contained in Section 73B of the Maharashtra Cooperative Societies Act, 1960.
Procedural History
The writ petition was filed in 2016. A civil application for intervention was filed in 2017. The court heard the matter and delivered judgment on September 11, 2018.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 73B
