Pune Zilla Sakhari Dudh Utpadak Sangh Maryadit Thr. Managing Director v. State Of Maharashtra Thr. Secretary And ORS

by HEMANT CHANDERSEN SHIV Date:

2021.11.30 10:41:08 +0530 HEMANT CHANDERSEN SHIV hcs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6669 of 2021 Pune Zilla Sakhari Dudh Utpadak Sangh Maryadit Through Managing Director

...Petitioner

State of Maharashtra and Ors

...Respondents

INTERIM APPLICATION (ST) NO. 22884 OF 2021 Pandit Dindayal Dudh Santha Through Chairman Rajendra J Gund Pune Zilla Sahakari Dudh Utpadak Sangh Maryadit Through Managing Director Vivek H Shirsagar and Ors INTERIM APPLICATION (ST) NO. 22874 OF 2021 Sharadchandraji Sahakari Dudh Utpadak Sanstha Maryadit Through Chairman Manik L Raut Pune Zilla Sahakari Dudh Utpadak Sangh Maryadit Through Managing Director Vivek H. Shirsagar and Ors

...Respondents

INTERIM APPLICATION (ST) NO.22862 OF 2021 Jai Santoshi Mata Mahila Sahakari Dudh Utpadak Sangh Maryadit

Through Chairman Tejaswini N Gaikwad Pune Zilla Sahakari Dudh Utpadak Sangh Maryadit Through Managing Director Vivek H. Shirsagar and Ors INTERIM APPLICATION (ST) NO. 22861 OF 2021 Shree Vitthal Sahakari Dudh Utpadak Sanstha Maryadit Through Chairman Vilas V Chopde Pune Zilla Sahakari Dudh Utpadak Sangh Maryadit Through Managing Director Vivek H Shirsagar and Ors INTERIM APPLICATION (ST) NO. 22853 OF 2021 Shree Gorakshnath Sahakari Dudh Utpadak Sanstha Maryadit Through Chairman Pandharinath V Gaikwad Through Managing Director Vivek H Shirsagar and Ors INTERIM APPLICATION (ST) NO. 22850 OF 2021 Ganesh Sahakari Dudh Utpadak Sanstha Laxman Nivrutti Memane Pune Zilla Sahakari Dudh Utpadak Sangh Maryadit Through Managing Director and Ors

...Respondents

INTERIM APPLICATION (ST) NO. 22846 OF 2021 Datt Digambar Sahakari Dudh Utpadak Sanstha Anil R Gawali Through Managing Director and Ors INTERIM APPLICATION (ST) NO.22806 OF 2021 Kanifnath Sahakari Dudh Utpadak Sanstha Kashinath Bholu Handal Through Managing Director and Ors INTERIM APPLICATION (ST) NO.22787 OF 2021 WRIT PETITION NO.6669 OF 2021 Shree Navnath Sahakari Dudh Utpadak Sanstha Through Managing Director and Ors INTERIM APPLICATION NO.3391 OF 2021

Om Sahakari Dudh Utpadak Sanstha Maryadit Through Chairman Through Managing Director and Ors INTERIM APPLICATION NO.3390 OF 2021 Indira Mahila Sahakari Dudh Utpadak Sanstha Through HOD Legal Department and Ors Mr Anil Sakhare, Senior Advocate, with Mr Drupad Patil with Mr Dheeraj Patil, Mr Namitkumar Pansare for the Petitioner. Mr S S Panchpor, AGP for Respondent No 1 - State. Mr Dilip Bodake, for Respondent No.2.

Mr Sandeep P Kadam, with Ms Varsha M Thorat, Ms V Balasubramanian for the Applicants in All Interim Applications.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

PC:- 1.

The Petition can be disposed of with a short direction to the 2nd Respondent, the State Co-operative Election Authority, Maharashtra State. The authority is based in Pune. The 2nd Respondent passed an order on 13th September 2021, the operative

portion of which is at page 36. According to Mr Patil and Mr Sakhare for the Petitioner, clause (ii) of that order is incomplete in the sense that it asks the Petitioner to submit a list of those members who have completed three years but does not consider other eligibility criteria said by the Petitioner to be a pre-requisite for being able to vote.

2.

Mr Patil's submission is that the eligibility criteria for exercising the right to vote is not limited to a three-year period. The bye-laws of the society specify other eligibility criteria. These are set out at Exhibit-N at page 45. It is his submission that unless these additional criteria are also met, and ordered to be met, by the 2nd Respondent, the member in question cannot be considered as eligible to vote. He therefore submits that the 2nd Respondent should, in addition to the three-year criteria, specifically mandate that the additional eligibility criteria as per the bye-laws are also required to be met. Otherwise, he submits, a large number of ineligible members will begin to exercise their franchise contrary to the express terms of the bye-laws. He points out that no one has ever challenged these bye-laws until date.

3.

We find from the Petition that this demand that the Petitioner makes to us has never actually been made even as a representation to the 2nd Respondent. In other words, the authority has had no chance to consider this demand or to apply its mind to any representation in that behalf by the Petitioner. Apart from the fact that without such a demand, we do not see how a mandamus can be issued, it seems to us reasonable to require the authority to consider

a representation from the Petitioner on this basis and to pass a short order on that representation.

4.

Mr Patil states that the representation will be made to the 2nd Respondent by Monday i.e. 29th November 2021. So far, only a provisional list of 805 voters has been prepared. It seems to us necessary that before the final voters' list is prepared, this representation should be heard and disposed of by the 2nd Respondent. Mr Patil states that after submitting representation on Monday i.e. 29th November 2021 he will appear before the authority on 30th November 2021 at 3 pm. So noted.We request the 2nd Respondent to consider the representation and pass an order on it by 3rd December 2021.

5.

We clarify that we have not expressed any opinion on the correctness or otherwise or on the merits of the Petitioner's representation or the case that has been before us. All contentions are kept open.

6.

The Writ Petition is disposed of in these terms. In view of disposal of the Writ Petition, all Interim Applications are rendered infructuous and are disposed of as such.

7.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)