High Court of Judicature at Bombay Hears Writ Petition Challenging Fixation of Eligibility Date for Voters List in Federal Society Elections. Petitioners Argue That Subsequent Appointment of Authorised Committee Under Section 77A of the Maharashtra Co-operative Societies Act, 1960 Renders Earlier State Cooperative Election Authority Directions Inapplicable.

Writ Petition under Article 226 of the Constitution of India challenging communications issued by the State Cooperative Election Authority and district cooperative election officers regarding fixation of the eligibility date for the voters list in elections of a federal cooperative society.

The petitioners sought to quash the communications dated 16 June 2026 and 18 June 2026, and to direct the respondent authorities to fix a fresh eligibility date allowing them to vote in the upcoming elections.

The petitioners were prevented from voting in the upcoming elections because the eligibility date was fixed as 1 February 2026, before they completed the statutory three-year membership period required to become eligible voters.

The petitioners had earlier challenged the appointment of the Administrator in Revision No. 26 of 2026, which was allowed on 12 June 2026, resulting in the Administrator being replaced by an Authorised Committee under Section 77A. An earlier writ petition (No. 1136 of 2026) was filed challenging related communications, but its outcome is not stated. Another writ petition (No. 5644 of 2026) challenging the election program was disposed of on 6 July 2026 with a direction to file objections.

Whether the eligibility date of 1 February 2026 for the voters list was valid when the petitioners would only become eligible to vote on 29 June 2026. Whether the failure to prepare the provisional voters list within the three-month period prescribed in the State Cooperative Election Authority's order dated 24 February 2026 rendered the subsequent communication fixing the same eligibility date unsustainable. Whether the appointment of an Authorised Committee under Section 77A of the Maharashtra Co-operative Societies Act, 1960 in place of the Administrator rendered the earlier election program inapplicable, requiring fresh election proceedings.

The petitioners contended that fixing the eligibility date as 1 February 2026 was arbitrary because they would complete the three-year membership period to become eligible voters only on 29 June 2026, thereby depriving them of the right to vote. It was argued that the State Cooperative Election Authority's order dated 24 February 2026 specifically stated that the eligibility date would be valid only for three months, and since no provisional voters list was prepared within that period, the subsequent communication re-fixing the same date was illegal. The petitioners submitted that upon the appointment of the Authorised Committee under Section 77A, the earlier election program issued by the State Cooperative Election Authority ceased to apply, and the Authorised Committee was required to conduct elections afresh. Reliance was placed on Section 77A of the Maharashtra Co-operative Societies Act, 1960, under which the Authorised Committee holds office for twelve months to make arrangements for elections, implying that the earlier directions were superseded and a new election process should be initiated.

The present petition assails the communication dated 16th June 2026 issued by Respondent No.2, the State Cooperative Election Authority by virtue of which directions are issued to conduct elections of Respondent No.5-Federal society in pursuance of previous order dated 24th February 2026 issued by SCEA whereby the eligibility date was fixed as 1st February 2026. The Petitioners’ first contention is that since the Petitioners are completing their eligibility period of 3 years of becoming eligible to vote members of Respondent No.5-Federal society on 29th June 2026 and in view of the eligibility date being fixed as 1st February 2026, the Petitioners will not be able to participate in the upcoming elections. Insofar as Respondent No.5-Federal society is concerned, on 25th February 2026 the Administrator addressed a letter to Respondent No.4, i.e., the Assistant Registrar for taking steps to conduct elections of Respondent No.5-Federal society. On 12th June 2026, i.e., on the same day, the Respondent No.3 sought guidance for conducting elections of Respondent No.5-Federal society from the Respondent No.2, i.e., SCEA and also for fixing the eligibility date as 1st February 2026 for preparation of provisional voters list.

The election for the respondent federal society for the 2022-27 term was held, electing 15 managing committee members. On 30 June 2023, a resolution was passed approving the membership of the petitioners. In September 2025, 10 of the 15 managing committee members resigned, leading to loss of quorum, and the District Deputy Registrar appointed an Administrator under Section 78A of the Act. The petitioners’ appeal (No. 302 of 2026) against the Administrator’s appointment was dismissed on 30 January 2026. They then filed Revision No. 26 of 2026 under Section 154 of the Act before the State Government. On 24 February 2026, the State Cooperative Election Authority issued directions for conducting elections, fixing the eligibility date as 1 February 2026 and stating it would be valid for three months. On 25 February 2026, the Administrator wrote to the Assistant Registrar to take election steps. On 26 February 2026, a newspaper notice was published inviting submission of member societies’ names by 30 March 2026. Writ Petition No. 1136 of 2026 was filed challenging these communications. On 12 June 2026, the revision was allowed, the appointment of Administrator was set aside, and the District Deputy Registrar appointed a three-member Authorised Committee under Section 77A; on the same day, the DDR sought guidance from the State Cooperative Election Authority for conducting elections and fixing the same eligibility date. On 16 June 2026, the SCEA issued the impugned communication directing the election program as per the earlier order. On 18 June 2026, the DDR directed submission of names of member societies that had submitted resolutions by 30 March 2026. The present writ petition was filed on 22 June 2026, and no interim relief was granted. On 29 June 2026, the DDR published the election program with the eligibility date as 1 February 2026. Writ Petition No. 5644 of 2026 was filed on 6 July 2026, and was disposed of with a direction to file objections. On 14 July 2026, the court heard the matter and passed an order. The judgment was reserved on 24 July 2026 and pronounced on 27 July 2026.

• Maharashtra Co-operative Societies Act, 1960: 77A, 78A, 154