Rahul Appasaheb Patare v. The Honble Minister Co Operation Department Mantralaya Mumbai And Others
2024:BHC-AUG:9256
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.4196 OF 2016 WITH CIVIL APPLICATION NO.1753 OF 2017 WITH CIVIL APPLICATION NO.15009 OF 2022 WITH CIVIL APPLICATION NO.16284 OF 2022 Rahul S/o Appasaheb Patare, Age - 37 years, Occu. Agril, R/o Taklibhan, Tq. Shrirampir, Dist. Ahmednagar..
... Petitioner.
Versus
1. The State of Maharashtra, Through Principal Secretary, Cooperative Department, Mantralaya, Mumbai-32
2. The Divisional Joint Registrar, Cooperative Societies, Nashik, Division, Nashik
3. The Assistant Registrar, Cooperative Societies, Shrirampur, Tq. Shrirampur, Dist. Ahmednagar.
4. The District Deputy Registrar/ District Cooperative Election Officer, Cooperative Societies, Ahmednagar, Dist. Ahmednagar.
5. The Taklibhan Vividh Karyakari Seva Sahakari Sanstha, Ltd., Taklibhan, Tq. Shrirapur, Dist. Ahmednagar.
Through its secretary
6. The returning Officer, The Taklibhan Vividh Karyakari Seva Shakari Sanstha, Ltd., Taklibhan, Tq. Shrirapur, Dist. Ahmednagar.
7. Bebitai Dadasaheb Shejul Age-major, Occu-Agril,
8. Ganesh Appasaheb Shinde Age-major, Occu-Agril,
9. Annasaheb Mohan Shelke Age-major, Occu-Agril,
10. Smita Sainath Khandagale Age-major, Occu-Agril,
11. Yamunabai Sundarbapu Khandagale Age-major, Occu-Agril,
12. Anita Navnath Khandagale Age-major, Occu-Agril,
13. Ajinkya Devidas Kokane Age-major, Occu-Agril,
14. Vijay Devidas Kokane Age-major, Occu-Agril,
15. Kishor Machindra Lad Age-major, Occu-Agril,
16. Suresh Machindra Lad Age-major, Occu-Agril,
17. Sharda Anil Khandagale Age-major, Occu-Agril,
18. Kavita Sunil Khandagale Age-major, Occu-Agril,
19. Uunali Ajit Khandagale Age-major, Occu-Agril,
20. Jyoti Narendra Khandagale Age-major, Occu-Agril,
21. Tai Vishnupanth Khandagale Age-major, Occu-Agril,
22. Divyani Vishnupanth Khandagale Age-major, Occu-Agril,
23. Anil Kashinath Khandagale Age-major, Occu-Agril,
24. Sunil Kashinath Khandagale Age-major, Occu-Agril,
25. Ninnath Gokuldas Khandagale Age-major, Occu-Agril,
26. Ravindra Tulshidas Khandagale Age-major, Occu-Agril,
27. Alka Tulshidas Khandagale Age-major, Occu-Agril,
28. Prabha Gokuldas Khandagale Age-major, Occu-Agril,
29. Abhijeet Dattatrya Kapse Age-major, Occu-Agril,
30. Vandana Dattatrya Kapse Age-major, Occu-Agril,
31. Rani Ajit Bodkhe Age-major, Occu-Agril,
32. Pragyabai Shankar Dukre Age-major, Occu-Agril,
33. Janabai Madhukarrao Dukre Age-major, Occu-Agril,
34. Pallavi Ratnakar Ranware Age-major, Occu-Agril,
35. Deepika Ratnakar Ranware Age-major, Occu-Agril,
36. Bharti Ratnakar Ranware Age-major, Occu-Agril,
37. Pramod Ratnakar Ranware Age-major, Occu-Agril,
38. Mayuri Rahul Kokane Age-major, Occu-Agril,
39. Satish Laxman Ranware Age-major, Occu-Agril, 40.Suresh Kachru Gaikwad Age-major, Occu-Agril,
41. Vijay Annasaheb Shelke Age-major, Occu-Agril,
42. Rajendra Annasaheb Shelke Age-major, Occu-Agril,
43. Keru Chadidas Jadhav Age-major, Occu-Agril,
44. Bhagyashree Ganesh Nagale Age-major, Occu-Agril,
45. Babasaheb Prakash Bodkhe Age-major, Occu-Agril,
46. Deepali Yogesh Magar Age-major, Occu-Agril,
47. Anil Laxman Chitale Age-major, Occu-Agril,
48. Sunil Laxman Chitale Age-major, Occu-Agril,
49. Dharti @ Renuka Anil Chitale Age-major, Occu-Agril,
50. Jayshree Laxman Chitale Age-major, Occu-Agril,
51. Appasaheb Jairam Shinde Age-major, Occu-Agril,
52. Rekha Rajendra Kapse Age-major, Occu-Agril,
53. Vandana Ratnakar Dukre Age-major, Occu-Agril,
54. Anuja Swapnil Thorat Age-major, Occu-Agril,
55. Sangita Machindra Dukre Age-major, Occu-Agril,
56. Machindra Dattatraya Dukre Age-major, Occu-Agril,
57. Mandabai Bahirunath Nagale Age-major, Occu-Agril,
58. Chandrakala Bahirunath Nagale Age-major, Occu-Agril,
59. Kaveri Bahirunath Nagale Age-major, Occu-Agril,
60. Neelima Sudhakar Patare Age-major, Occu-Agril,
61. Mangal Devidas Kokane Age-major, Occu-Agril,
62. Ramnath Bahirunath Nagale Age-major, Occu-Agril,
63. Ramesh Sopan Mate, Age-major, Occu-Agril,
64. Janabai Kushaba Pawar Age-major, Occu-Agril,
65. Prashant Raosaheb Kapse Age-major, Occu-Agril,
66. Vaijanti Rajendra Kokane Age-major, Occu-Agril,
67. Pratap Raosaheb Kokane Age-major, Occu-Agril,
68. Deleted
69. Manisha Bharat Pawar Age-major, Occu-Agril,
70. Meenakshi Prakash Bhavar Age-major, Occu-Agril,
71. Mahesh Sitaram Gagare Age-major, Occu-Agril,
72. Pramod Rajendra Gagare Age-major, Occu-Agril,
73. Popat Sitaram Kolase Age-major, Occu-Agril,
74. Anil Vasant Khillari Age-major, Occu-Agril,
75. Sangita Raosaheb Todmal Age-major, Occu-Agril,
76. Raosaheb Sampatrao Todmal Age-major, Occu-Agril,
77. Santosh Balnath Pathak Age-major, Occu-Agril,
78. Sushila Suryabhan Garje Age-major, Occu-Agril,
79. Ravindra Vishwanath Gondkar Age-major, Occu-Agril,
80. Sumanbai Vishwanath Gondkar Age-major, Occu-Agril,
81. Mukund Vishwanath Gondkar Age-major, Occu-Agril,
82. Yogita Ravindra Gondkar Age-major, Occu-Agril,
83. Shraddha Mukund Gondkar Age-major, Occu-Agril,
84. Laxmibai Bhausaheb Shinde Age-major, Occu-Agril,
85. Bhausaheb Jairam Shinde Age-major, Occu-Agril,
86. Lata Dnyandeo Dabhade Age-major, Occu-Agril,
87. Sanjeevani Sanjay Nawale Age-major, Occu-Agril,
88. Kanta Ashik Nawale Age-major, Occu-Agril,
89. Sanjay Murlidhar Nawale Age-major, Occu-Agril,
90. Deleted
91. Shweta Dinesh Jadhav Age-major, Occu-Agril,
92. Lalita Baban Musmade Age-major, Occu-Agril,
93. Swati Ravindra Musmade Age-major, Occu-Agril,
94. Sindhu Prakash Musmade Age-major, Occu-Agril,
95. Ratnamala Prabhakar Mhaske Age-major, Occu-Agril,
96. Deleted
97. Dhananjay Ashok Kandalkar Age-major, Occu-Agril,
98. Jaishree Ashokrao Gujar Age-major, Occu-Agril,
99. Pramod Shivaji Gaware Age-major, Occu-Agril,
100. Deleted
101. Adinath Sopan Jangale Age-major, Occu-Agril,
102. Leelabai Laxman Yeole Age-major, Occu-Agril,
103. Annasaheb Ramrao Yemle Age-major, Occu-Agril,
104. Nanasaheb Kondaji Yeole Age-major, Occu-Agril,
105. Laxman Kondaji Yeole Age-major, Occu-Agril,
106. Sakhahari Kondaji Yeole Age-major, Occu-Agril,
107. Dadasaheb Sakhahari Yeole Age-major, Occu-Agril,
108. Swarna Ravindra Yeole Age-major, Occu-Agril,
109. Dnyaneshwar Bhimraj Jangale Age-major, Occu-Agril,
110. Sopan Ambadas Jangale Age-major, Occu-Agril,
111. Alka Dattatrya Jangale Age-major, Occu-Agril,
112. Dattatrya Yamnath Jangale Age-major, Occu-Agril,
113. Thaksen Dagdu Bankar Age-major, Occu-Agril,
114. Kamal Bhimraj Jangale Age-major, Occu-Agril,
115. Gangadhar Sopan Jangale Age-major, Occu-Agril,
116. Vimal Sopan Jangale Age-major, Occu-Agril,
117. Kailash Dnyandeo Gaware Age-major, Occu-Agril,
118. Sheetal Pradeep Gaware Age-major, Occu-Agril,
119. Ravindra Prakash Musmade Age-major, Occu-Agril,
120. Prakash Balwant Musmade Age-major, Occu-Agril,
121. Uddhav Punjaji Phopse Age-major, Occu-Agril,
122. Ravindra Nanasaheb Yeole Age-major, Occu-Agril,
123. Shobha Dnyaneshwar Phopse Age-major, Occu-Agril,
124. Sheetal Abasaheb Yeole Age-major, Occu-Agril,
125. Dnyaneshwar Uddhav Phopse Age-major, Occu-Agril,
126. Sanjay Dagdu Jangale Age-major, Occu-Agril,
127. Anita Sanjay Jangale Age-major, Occu-Agril,
128. Vaishali Sitaram Gagare Age-major, Occu-Agril,
129. Rahul Sitaram Gagare Age-major, Occu-Agril,
130. Parasram Sitaram Gagre Age-major, Occu-Agril,
131. Mahesh Bhausaheb Shelke Age-major, Occu-Agril,
132. Sangita Bhausaheb Gagare Age-major, Occu-Agril,
133. Shobha Thaksen Bankar Age-major, Occu-Agril,
134. Sushila Annasaheb Yeole Age-major, Occu-Agril,
135. Sunita Sanjay Bankar Age-major, Occu-Agril,
136. Suman Sakharam Bankar Age-major, Occu-Agril,
137. Rajendra Karbhari Shelar Age-major, Occu-Agril,
138. Sanjay Karbhari Shelar Age-major, Occu-Agril,
139. Sheetal Ramesh Raut Age-major, Occu-Agril,
140. Rajendra Dagdu Jangale Age-major, Occu-Agril,
141. Rupali Dattatrya Patare Age-major, Occu-Agril,
142. Sarika Dattatrya Patare Age-major, Occu-Agril,
143. Seema Gangadhar Jangale Age-major, Occu-Agril,
144. Raosaheb Kondaji Yeole Age-major, Occu-Agril,
145. Deleted
146. Indubai Chandrakant Jangale Age-major, Occu-Agril,
147. Nirmala Uddhav Phopse Age-major, Occu-Agril,
148. Nandabai Vijay Gagare Age-major, Occu-Agril,
149. Vijay Parasram Gagare Age-major, Occu-Agril,
150. Lata Bandu Gagare Age-major, Occu-Agril,
151. Bandu Chaburao Gagare Age-major, Occu- Agril,
152. Sindhubai Parasram Gagare Age-major, Occu- Agril,
153. Nitin Bhausaheb Gagare Age-major, Occu- Agril,
154. Sachin Bhausaheb Gagare Age-major, Occu- Agril,
155. Ravindra Bhausaheb Gagare Age-major, Occu- Agril,
156. Nandabai Bapura Gagare Age-major, Occu- Agril,
157. Chaburao Parasram Gagare Age-major, Occu-Agril,
158. Shobha Sitaram Gagare
Age-major, Occu- Agril,
159. Sunil Baburao Gagare Age-major, Occu- Agril,
160. Sheela Sunil Gagare Age-major, Occu- Agril,
161. Bhausaheb Kisan Gagare Age-major, Occu- Agril,
162. Bebitai Bhausaheb Gagare Age-major, Occu- Agril,
163. Vijay Devram Gaike Age-major, Occu- Agril,
164. Alka Vijay Gaike Age-major, Occu- Agril,
165. Vinod Rajendra Gagare Age-major, Occu- Agril,
166. Vitthal Balwant Musmade Age-major, Occu- Agril,
167. Savita Santosh Musmade Age-major, Occu- Agril,
168. Santosh Vitthal Musmade Age-major, Occu- Agril,
169. Tarabai Vitthal Musmade Age-major, Occu- Agril,
170. Sonali Vikas Kasane Age-major, Occu- Agril,
171. Nirmala Balnath Pathak Age-major, Occu- Agril,
172. Balnath Changdeo Pathak Age-major, Occu- Agril,
173. Karbhari Umaji Shelar
Age-major, Occu-Agril, 174 Kusumbai Raosaheb Yeole Age major, Occu- Agril
175. Bhimabai Raosaheb Yeole Age-major, Occu- Agril, 176 Sagar Abasaheb Yeole Age-major, Occu- Agril,
177. Yogesh Laxman Yeole Age-major, Occu- Agril,
178. Anita Yogesh Yeole Age-major, Occu- Agril,
179. Parigabai Sakhahari Yeole Age-major, Occu-Agril,
180. Sanjay Bhausaheb Nibe Age-major, Occu-Agril,
181. Sharda Uddhav Phopse Age-major, Occu- Agril,
182. Gokul Jagannath Dhawane Age-major, Occu- Agril,
183. Alka Gokul Dhawane Age-major, Occu- Agril,
184. Varsha Ranjit Kawade Age-major, Occu- Agril,
185. Nitin Nivrutti Khandagale Age-major, Occu- Agril,
186. Sagar Nivrutti Khandagale Age-major, Occu- Agril,
187. Sagar Vijayrao Bhosale Age-major, Occu- Agril,
188. Kishor Sambhaji Garude
Age-major, Occu- Agril,
189. Vilas Sambhaji Garude Age-major, Occu- Agril,
190. Shakuntala Sambhaji Garude Age-major, Occu- Agril,
191. Ranjeet Rambhau Kawade Age-major, Occu-Agril,
192. Vijayraokisanrao Patil Age-major, Occu- Agril,
193. Vaishali Vijayrao Patil Age-major, Occu- Agril,
194. Nanda Pandit Kadhule Age-major, Occu-Agril,
195. Avinash Baburao Dhanwate Age-major, Occu- Agril,
196. Ashwini Avinash Dhanwate Age-major, Occu-Agril,
197. Yogita Babasaheb Jadhav Age-major, Occu- Agril,
198. Babasaheb Chandrabhan Jadhav Age-major, Occu- Agril,
199. Bhausaheb Annasaheb Kasar Age-major, Occu- Agril,
200. Sunil Annasaheb Thete Age-major, Occu- Agril,
201. Vrushali Nitin Ganjwe Age-major, Occu- Agril,
202. Vastlabai Mohan Wagh Age-major, Occu- Agril,
203. Shanta Ratnakar Tidke
Age-major, Occu- Agril,
204. Gayatri Vishal Tidke Age-major, Occu- Agril,
205. Vishal Madhukar Tidke Age-major, Occu- Agril,
206. Surekha Vaibhav Tidke Age-major, Occu- Agril,
207. Radhika Yadav Tidke Age-major, Occu- Agril,
208. Yadav Babasaheb Tidke Age-major, Occu Agril,
209. Ganesh Ratnakar Tidke Age-major, Occu-Agril,
210. Ratnakar Bapurao Tidke Age-major, Occu- Agril,
211. Vilas Mohaniraj Kapse Age-major, Occu- Agril.
212. Ranjana Mohan Wagh Age-major, Occu- Agril,
213. Savita Vilas Kapse Age-major, Occu- Agril,
214. Laxmi Babasaheb Tidke Age-major, Occu- Agril,
215. Santosh Sarjerao Kharad Age-major, Occu- Agril,
216. Jyoti Santosh Kharad Age-major, Occu- Agril,
217. Pandit Namdeo Kadhule Age-major, Occu- Agril,
218. Dnyandeo Devram Dabhade
Age-major, Occu- Agril,
219. Sandip Dnyandeo Dabhade Age-major, Occu- Agril,
220. Santosh Dnyandeo Dabhade Age-major, Occu- Agril,
221. Ashok tukaram Shelar Age-major, Occu- Agril,
222. Jayshree Ashok Shelar Age-major, Occu- Agril,
223. Swati Prakash Shirsath Age-major, Occu- Agril,
224. Prakash Machindra Shirsath Age-major, Occu- Agril,
225. Manisha Nitin Mungase Age-major, Occu- Agril,
226. Bhausaheb Mohan Wagh Age-major, Occu- Agril,
227. Manisha Bhausaheb Wagh Age-major, Occu- Agril,
228. Pramod Nanasaheb Narwade Age-major, Occu- Agril,
229. Vandana Vitthalrao Pawar Age-major, Occu-Agril,
230. Jaya Sanjay Kote Age-major, Occu- Agril,
231. Kamalbai Balasaheb Kote Age-major, Occu- Agril,
232. Lata Pramod Narwade Age-major, Occu- Agril,
233. Kishor Asaram Bahirwat
Age-major, Occu- Agril,
234. Satish Prabhakar Joshi Age-major, Occu- Agril,
235. Vijay Hanuman Shinde Age-major, Occu- Agril,
236. Padambai Vijay Shinde Age-major, Occu- Agril,
237. Ashok Bhaurao Kasar Age-major, Occu- Agril,
238. Komal Santosh Chaware Age-major, Occu- Agril,
239. Santoshrao Popatrao Chaware Age-major, Occu- Agril,
240. Nitin Rambhau Ganjawe Age-major, Occu- Agril,
241. Ramesh Anubhav Shinde Age-major, Occu- Agril,
242. Deepak Vijay Shinde Age-major, Occu-Agril.
243. Mangalbai Ramesh Shinde Age-major, Occu- Agril,
244. Sakharam Hanuman Shinde Age-major, Occu- Agril,
245. Manjulabai Ramesh Shinde Age-major, Occu- Agril,
246. Ajeet Prakash Kasane Age-major, Occu- Agril,
247. Sunil Bhausaheb Kasane Age-major, Occu- Agril,
248. Anil Bhausaheb Kasane
Age-major, Occu- Agril,
249. Vikas Damuanna Kasane Age-major, Occu- Agril,
250. Pallavi Santosh Aher Age-major, Occu- Agril,
251. Lata Raibhan Aaher Age-major, Occu- Agril,
252. Pallavi Satish Bhungarkar Age-major, Occu- Agril,
253. Nikita Shahaji Bhungarkar Age-major, Occu- Agril,
254. Anuja Santosh Joshi Age-major, Occu- Agril,
255. Pratik Satish Joshi Age-major, Occu- Agril,
256. Gorakh Balasaheb Khurud Age-major, Occu- Agril,
257. Deepak Balasaheb Kote Age-major, Occu- Agril,
258. Shobha Deepak Kote Age-major, Occu- Agril,
259. Sanjay Balasaheb Kote Age-major, Occu-Agril, 260 Priyanka Deepak Aaher Age-major, Occu- Agril,
261. Manoj Ashokrao Kasane Age-major, Occu-Agril,
262. Deelip Baburao Kasane Age-major, Occu- Agril,
263. Deelip Balasaheb Aaher
Age-major, Occu- Agril,
264. Satish Raibhan Aaher Age-major, Occu-Agril,
265. Usha Balasaheb Aaher Age-major, Occu- Agril,
266. Priyanka Damuanna Kasane Age-major, Occu- Agril,
267. Pratibha Prakash Kasane Age-major, Occu- Agril,
267. Jyoti Machindra Kasane Age-major, Occu- Agril,
468. Damu Anna Kasane Age-major, Occu- Agril,
469. Prakash Damuanna Kasane Age-major, Occu- Agril,
270. Shakuntaba Bhausaheb Nibhe Age-major, Occu- Agril,
271. Raju Sakharam Shinde Age-major, Occu- Agril,
272. Aashabai Raju Shinde Age-major, Occu- Agril,
273. Rani Ramesh Shinde Age-major, Occu- Agril,
274. Bhavana Satish Joshi Age-major, Occu- Agril,
275. Deleted
276. Usha Shahaji Ghugarkar Age-major, Occu-Agril,
277. Pravin Bhausaheb Kasane Age-major, Occu-Agril,
278. Shivraj Shahaji Ghugarkar Age-major, Occu-Agril,
279. Amar Bhaskarrao Kokane Age-major, Occu-Agril,
280. Manisha Amar Kokane Age-major, Occu-Agril.
281. Rupali Ramesh Narode Age-major, Occu- Agril,
282. Mahesh Nanasaheb Narode Age-major, Occu- Agril,
283. Vaibhav Madhukar Tidke Age-major, Occu- Agril,
284. Vilas Rambhau Jadhav Age-major, Occu- Agril,
285. Rohini Bhaurao Sawant Age-major, Occu- Agril,
286. Ravi Amrut Bodkhe Age-major, Occu- Agril,
287. Ajeet Babasaheb Jadhav Age-major, Occu- Agril,
288. Sudhakar Ambadas Patare Age-major, Occu- Agril,
289. Ashabai Ramsha Nagale Age-major, Occu- Agril,
290. Bhausaheb Eknath Bodkhe Age-major, Occu- Agril,
291. Anil Babasaheb Gaikwad Age-major, Occu- Agril,
292. Suraj Gorakshanath Kokane Age major, Occu-Agril.
293. Rahul Rewannath Kokane Age major, Occu- Agril,
294. Ganesh Balasaheb Kokane Age-major. Occu-Agril,
295. Prakash Mohan Wagh Age-major, Occu- Agril,
296. Sunil Abasaheb Yeole Age-major, Occu- Agril,
297. Sangita Abasaheb Yeole Age-major, Occu- Agril,
298. Pratik Dnyaneshwar Phopse Age-major, Occu-Agril,
299. Kaushalyabai Uddhav Phopse Age-major, Occu- Agril,
300. Sunita Rajendra Kapse Age-major, Occu- Agril,
301. Kavita Janardhan Mhase Age-major, Occu- Agril,
302. Mona Uddhav Phopse Age-major, Occu- Agril,
303. Sonali Balasaheb Shelke Age-major, Occu- Agril,
304. Komal Dattatraya Kapse Age-major, Occu- Agril,
305. Sanjeevani Abasaheb Kapse Age-major, Occu- Agril,
306. Abasaheb Yeshwant Kapse Age-major, Occu- Agril,
307. Muktabai Yeshwant Kapse Age-major, Occu- Agril,
308. Sunita Rajendra Kapse Age-major, Occu- Agril,
309. Sangeeta Deelip Gaike Age major. Occu- Agril,
310. Rushikesh Anil Dhage Age-major. Occu-Agril,
311. Nitin Ashok Dhage Age-major, Occu- Agril,
312. Akshay Vijay Gaike Age-major, Occu- Agril,
313. Mohini Shankar Shete Age-major, Occu- Agril,
314. Shankar Sopan Shete Age-major, Occu- Agril,
315. Kalpana Sudam Gaike Age-major, Occu- Agril,
316. Venubai kashiram Gaike Age-major, Occu- Agril,
317. Yashoda Deelip Gaike Age-major, Occu- Agril,
318. Kavita Janardhan Mhase Age-major, Occu- Agril,
319. Yeshwant Prabhakar Mhase Age-major, Occu- Agril,
320. Janardhan Prabhakar Mhase Age-major, Occu- Agril,
321. Prabhakar Vishwanath Mhase Age-major, Occu- Agril,
322. Kavita Sunil Kapse Age-major, Occu- Agril,
323. Chaya Ashok Dhage Age-major, Occu- Agril,
324. Ashwnini Anil Dhage Age-major, Occu- Agril,
325. Nikita Ashok Dhage Age-major, Occu- Agril,
326. Anil Shivram Dhage Age-major, Occu-Agril,
327. Ashok Shivram Dhage Age-major. Occu- Agril,
328. Gangubai Raosaheb Kapse Age-major, Occu- Agril,
329. Nikhil Ashok Dhage Age-major. Occu-Agril,
330. Mohan Sarjerao Kapse Age-major, Occu- Agril.
331. Siddharth Arun Gaike Age-major, Occu-Agril.
332. Kedarnath Shivaji Ghawate Age-major, Occu- Agril,
333. Rushikesh Shivaji Ghawate Age-major, Occu- Agril.
334. Mangal Shivaji Ghawate Age-major, Occu- Agril,
335. Shivaji Surchand Ghawate Age-major, Occu- Agril,
336. Sulochana Ramdas Agade Age-major, Occu- Agril,
337. Swapnil Ramdas Aagde Age-major, Occu- Agril,
338. Dipti Ramdas Aagde Age-major, Occu- Agril,
339. Suhasini Ramdas Aagde Age-major, Occu- Agril,
340. Ramdas Ranghnath Aagde Age-major, Occu- Agril,
341. Pramodini Kundalik Zirpe Age-major, Occu- Agril,
342. Saili Kundalik Zirpe Age-major, Occu- Agril,
343. Sochal Kundalik Zirpe Age major, Occu- Agril,
344. Dinmesh Kundalik Zirpe Age major. Occu-Agril,
345. Kundalik Baburao Zirpe Age-major, Occu-Agril.
346. Vastala Shivram Dhage Age-major. Occu-Agril,
347. Sudam Kashinath Gaike Age-major, Occu-Agril,
348. Deelip Kashinath Gaike Age-major, Occu- Agril,
349. Kashiram Rambhau Gaike Age-major, Occu-Agril,
350. Deepak Prabhakar Gaike Age-major, Occu- Agril,
351. Mandakini Madhukar Tidke Age-major, Occu-Agril,
352. Madhukar Bapurao Tidke Age-major, Occu- Agril,
353. Manikrao Bapurao Tidke Age-major, Occu- Agril,
354. Chandrakala Manikrao Tidke Age-major, Occu- Agril,
355. Vishal Arjun Gore Age-major, Occu- Agril,
356. Aaipini Vishal Gore Age-major, Occu- Agril,
357. Mangal Arjun Gore Age-major, Occu- Agril,
358. Sharda Appasaheb Gawade Age-major, Occu- Agril,
359. Appasaheb Gopinath Gawade Age-major, Occu- Agril,
360. Vimal Pradeep Gaike Age-m major, Occu Agril,
361. Pradip Dapura Gaike Age-major, Occu- Agril,
362. Manisha Prakash Gaike Age-major, Occu- Agril,
363. Prakash Ganpat Gaike Age-major, Occu- Agril,
364. Pratap Raosaheb Kapse Age-major, Occu- Agril,
365. Lahanbai Prakash Gund Age-major, Occu- Agril.
366. Praskash Nivrutti Gund Age-major, Occu- Agril,
367. Neyhabai Annasaheb Thete Age-major, Occu- Agril,
368. Annasaheb Govind Thete Age-major, Occu- Agril,
369. Manikrao Balasaheb Khurud Age-major, Occu- Agril,
370. Ramesh Ganpat Jagtap Age-major, Occu- Agril,
371. Surekha Ramesh Jagtap Age-major, Occu- Agril,
372. Antonan Fransis Bhalerao Age-major, Occu- Agril,
373. Lata Jalindar Takte Age-major, Occu- Agril,
374. Jalindar Ramchandra Takte Age-major, Occu- Agril,
375. Bhaurao Murlidhar Kasar Age-major, Occu- Agril,
376. Babab Ramchandra Shinde Age-major, Occu- Agril,
377. Anita Uttam Game Age major, Occu- Agril.
378. Bebi Madhukar Ghare Age-major, Occu- Agril,
379. Bhausaheb Madhav Sawant Age-major, Occu- Agril,
380. Sunita Hemant Bahirwat Age-major, Occu- Agril,
381. Ganesh Bhaskarrao Gholap Age-major, Occu- Agril,
382. Kishor Bhaskarrao Gholap Age-major, Occu- Agril,
383. Raosaheb Sitaram Gholap Age-major, Occu- Agril,
384. Bhakarrao Sitaram Gholap Age-major, Occu- Agril,
385. Somnath Raosaheb Gholap Age-major, Occu- Agril,
386. Balasaheb Denial Shinde Age-major, Occu- Agril,
387. Surekha Balasaheb Shinde Age-major, Occu- Agril,
388. Kailash Janardhan Bansod Age-major, Occu- Agril,
399. Sandeep Baban Shinde Age-major, Occu- Agril,
400. Bhausaheb Baban Shinde Age-major, Occu- Agril,
401. Kadubai Baban Shinde Age-major, Occu- Agril,
402. Savita Somnath Shinde Age-major, Occu- Agril,
403. Vitthal Mohanrao Pawar Age-major, Occu- Agril,
404. Usha Kishor Vidhate Age-major, Occu-Agril,
405. Hemant Aasaram Bahirwat Age-major, Occu- Agril,
406. Vithoba Raosaheb Ghode Age-major, Occu-Agril,
407. Arjun Madhav Gore Age-major, Occu- Agril,
408. Shrikant Fransis Bhalerao Age-major, Occu- Agril,
409. Bapurao Fransis Bhalerao Age-major, Occu- Agril,
410. Sangita Somnath Shinde Age-major, Occu- Agril, All R/o Taklibhan, Tq. Shrirampur, Dist. Ahmednagar
411. The Administrator, Taklibhan, V.K.S.S.S. Ltd.
Taklibhan, Tq. Shrirampur, Dist. Ahmednagar.
..Respondents WITH WRIT PETITION NO.1580 OF 2017 WITH CIVIL APPLICATION NO.10811 OF 2023 Rahul S/o Appasaheb Patare, Age - 37 years, Occu. Agril, R/o Taklibhan, Tq. Shrirampir, Dist. Ahmednagar.
... Petitioner.
Versus
1. The Hon'ble Minister (State), Co-operation Department, Mantralaya Mumbai-32.
2. The Divisional Joint Registrar, Cooperative Societies, Nashik, Division, Nashik
3. The Assistant Registrar, Cooperative Societies, Shrirampur, Tq. Shrirampur, Dist. Ahmednagar.
4.
The Administrator, Taklibhan, V.K.S.S.S. Ltd.
Taklibhan, Tq. Shrirampur, Dist. Ahmednagar.
5. Bebitai Dadasaheb Shejul Age-major, Occu-Agril,
6. Ganesh Appasaheb Shinde Age-major, Occu-Agril,
7. Annasaheb Mohan Shelke Age-major, Occu-Agril,
8. Smita Sainath Khandagale Age-major, Occu-Agril,
9. Yamunabai Sundarbapu Khandagale Age-major, Occu-Agril,
10. Anita Navnath Khandagale Age-major, Occu-Agril,
11. Ajinkya Devidas Kokane Age-major, Occu-Agril,
12. Vijay Devidas Kokane Age-major, Occu-Agril,
13. Kishor Machindra Lad Age-major, Occu-Agril,
14. Suresh Machindra Lad Age-major, Occu-Agril,
15. Sharad Anil Khandagale Age-major, Occu-Agril,
16. Kavita Sunil Khandagale Age-major, Occu-Agril,
17. Vrushali Ajit Khandagale Age-major, Occu-Agril,
18. Jyoti Narendra Khandagale Age-major, Occu-Agril,
19. Tai Vishnupanth Khandagale Age-major, Occu-Agril,
20. Divyani Vishnupanth Khandagale Age-major, Occu-Agril,
21. Anil Kashinath Khandagale Age-major, Occu-Agril,
22. Sunil Kashinath Khandagale Age-major, Occu-Agril,
23. Ninnath Gokuldas Khandagale Age-major, Occu-Agril,
24. Ravindra Tulshidas Khandagale Age-major, Occu-Agril,
25. Alka Tulshidas Khandagale Age-major, Occu-Agril,
26. Prabhabai Gokuldas Khandagale Age-major, Occu-Agril,
27. Abhijeet Dattatrya Kapse Age-major, Occu-Agril,
28. Priyanka @ Rani Ajit Bodkhe Age-major, Occu-Agril,
29. Vandana Dattatraya Kapse Age-major, Occu-Agril,
30. Pragyabai Shankar Dukre Age-major, Occu-Agril,
31. Janabai Madhukarrao Dukre Age-major, Occu-Agril,
32. Pallavi Ratnakar Ranware Age-major, Occu-Agril,
33. Deepika Ratnakar Ranware Age-major, Occu-Agril,
34. Bharti Ratnakar Ranware Age-major, Occu-Agril,
35. Pramod Ratnakar Ranware Age-major, Occu-Agril,
36. Mayuri Rahul Kokane Age-major, Occu-Agril,
37. Satish Laxman Ranware Age-major, Occu-Agril, 38.Suresh Kachru Gaikwad Age-major, Occu-Agril,
39. Vijay Kachru Gaikwad Age-major, Occu-Agril,
40. Rajendra Annasaheb Shelke Age-major, Occu-Agril,
41. Keru Chadidas Jadhav Age-major, Occu-Agril,
42. Bhagyashree Ganesh Nagale Age-major, Occu-Agril,
43. Babasaheb Prakash Bodkhe Age-major, Occu-Agril,
44. Deepali Yogesh Magar Age-major, Occu-Agril,
45. Anil Laxman Chitale Age-major, Occu-Agril,
46. Sunil Laxman Chitale Age-major, Occu-Agril,
47. Renuka @ Bharti Anil Chitale Age-major, Occu-Agril,
48. Jayshree Laxman Chitale Age-major, Occu-Agril,
49. Appasaheb Jairam Shinde Age-major, Occu-Agril,
50. Rekha Rajendra Kapse Age-major, Occu-Agril,
51. Vandana Ratnakar Dukre Age-major, Occu-Agril,
52. Anuja Swapnil Dukre Age-major, Occu-Agril,
53. Sangita Machindra Dukre Age-major, Occu-Agril,
54. Machindra Dattatraya Dukre Age-major, Occu-Agril,
55. Mandabai Bahirunath Nagale Age-major, Occu-Agril,
56. Chandrakala Bahirunath Nagale Age-major, Occu-Agril,
57. Kaveri Bahirunath Nagale Age-major, Occu-Agril,
58. Neelima Sudhakar Patare Age-major, Occu-Agril,
59. Mangal Devidas Kokane Age-major, Occu-Agril,
60. Ramnath Bahirunath Nagale Age-major, Occu-Agril,
61. Ramesh Sopan Mate, Age-major, Occu-Agril,
62. Prashant Raosaheb Kapse Age-major, Occu-Agril,
63. Pratap Raosaheb Kapse Age-major, Occu-Agril,
64. Shital Pradip Gaware, Age-major, Occu-Agril,
65. Sudhakar Ambadas Patare Age-major, Occu-Agril,
66. Shakuntala Sambhaji Garule Age-major, Occu-Agril,
67. Janabai Kushaba Pawar Age-major, Occu-Agril,
68. Ravi Amrut Bodkhe Age-major, Occu-Agril,
69. Asha Ramesh Bodkhe Age-major, Occu-Agril,
70. Harsh Sarjerao Kapse Age-major, Occu-Agril,
71. Chandrakala Appsaheb Shinde Age-major, Occu-Agril,
72. Bhawana Satish Joshi Age-major, Occu-Agril,
73. Sumit Rajendra Kapse Age-major, Occu-Agril,
74. Vaijayanti Rajendra Kokane Age-major, Occu-Agril,
75. Popat Sitaram Kolase Age-major, Occu-Agril,
76. Mahesh Sitaram Ghagre Age-major, Occu-Agril,
77. Pramod Rajendra Ghagre Age-major, Occu-Agril,
78. Sangita Raosaheb Todmal Age-major, Occu-Agril,
79. Raosaheb Sampatrao Todmal Age-major, Occu-Agril,
80. Santosh Balnath Pathak Age-major, Occu- Agril,
81. Sumitra Suryabhan Garje Age-major, Occu- Agril,
82. Ravindra Vishwanath Gondkar Age-major, Occu- Agril,
83. Sumanbai Vishwanath Gondkar Age-major, Occu- Agril,
84. Mukund Vishwanath Gondkar Age-major, Occu- Agril,
85. Yogita Ravindra Gondkar Age-major, Occu- Agril,
86. Shraddha Mukund Gondkar Age-major, Occu- Agril,
87. Laxmibai Bhausaheb Shinde Age-major, Occu- Agril,
88. Bhausaheb Jairam Shinde Age-major, Occu- Agril,
89. Lata Dnyandeo Dabhade Age-major, Occu- Agril,
90. Sanjeevani Sanjay Nawale Age-major, Occu- Agril,
91. Kanta Ashok Nawale Age-major, Occu- Agril,
92. Sanjay Murlidhar Nawale Age-major, Occu- Agril,
93. Shweta Dinesh Jadhav Age-major, Occu- Agril,
94. Lalita Baban Musmade Age-major, Occu- Agril,
95. Swati Ravindra Musmade Age-major, Occu- Agril,
96. Sindhu Prakash Musmade Age-major, Occu- Agril,
97. Dyandeo Ashok Kandalkar Age-major, Occu- Agril,
98. Pramod Shivaji Gaware Age-major, Occu- Agril,
99. Alka Dattatraya Gaware, Age-major, Occu- Agril,
100. Dattatraya Yamnath Jangale, Age-major, Occu- Agril,
101. Dagdu Ganpat Thaksan Age-major, Occu- Agril,
102. Kailash Dnyandeo Gaware Age-major, Occu- Agril,
103. Ravindra Prakash Musmade Age-major, Occu- Agril,
104. Prakash Balwant Musmade Age-major, Occu- Agril,
105. Sanjay Dagdu Jangale, Age-major, Occu- Agril, 106 Anita Sanjay Jangale, Age-major, Occu- Agril,
107. Mahesh Bhausaheb Shelke, Age-major, Occu- Agril,
108. Shobha Thaksan Bankar, Age-major, Occu- Agril,
109. Rajendra Karbhari Shelar, Age-major, Occu- Agril,
110. Sanjay Karbhari Shelar Age-major, Occu- Agril,
111. Rajendra Dagdu Jangale, Age-major, Occu- Agril,
112. Vijay Parasram Gagare, Age-major, Occu- Agril,
113. Alka Vijay Gagare, Age-major, Occu- Agril,
114. Vitthal Balwant Musmade, Age-major, Occu- Agril,
115. Tarabai Vitthal Musmade, Age-major, Occu- Agril,
116. Karbhari Jababji Shelar Age-major, Occu- Agril,
117. Varsha Ranjit Kavade, Age-major, Occu- Agril,
118. Sagar Vijayrao Bhosale, Age-major, Occu- Agril,
119. Kishor Sambhaji Garude Age-major, Occu- Agril,
120. Vilas Sambhaji Garude Age-major, Occu- Agril,
121. Ranjeet Rambhau Kawade Age-major, Occu- Agril,
122. VijayraoKisanrao Patil Age-major, Occu- Agril,
123. Vaishali Vijayrao Patil Age-major, Occu- Agril,
124. Vastlabai Mohan Wagh Age-major, Occu- Agril,
125. Shanta Ratnakar Tidke Age-major, Occu- Agril,
126. Gayatri Vishal Tidke Age-major, Occu- Agril,
127. Vishal Madhukar Tidke Age-major, Occu- Agril,
128. Surekha Vaibhav Tidke Age-major, Occu- Agril,
129. Vaibhav Madhukar Tidke Age-major, Occu- Agril,
130. Radhika Yadav Tidke Age-major, Occu- Agril,
131. Yadav Babasaheb Tidke Age-major, Occu- Agril,
132. Ganesh Ratnakar Tidke Age-major, Occu- Agril,
133. Ratnakar Bapurao Tidke Age-major, Occu- Agril,
134. Vilas Mohaniraj Tidke, Age-major, Occu- Agril,
135. Ranjana Mohan Wagh Age-major, Occu- Agril,
136. Savita Vilas Kapse Age-major, Occu- Agril,
137. Laxmi Babasaheb Tidke Age-major, Occu- Agril,
138. Santosh Sarjerao Kharad Age-major, Occu- Agril,
139. Jyoti Santosh Kharad Age-major, Occu- Agril,
140. Dnyandeo Devrao Dabhade Age-major, Occu- Agril,
141. Sandip Dnyandeo Dabhade Age-major, Occu- Agril,
142. Santosh Dnyandeo Dabhade Age-major, Occu- Agril,
143. Ashok Tukaram Shelar Age-major, Occu- Agril,
144. Jayshree Ashok Shelar Age-major, Occu- Agril,
145. Manisha Nitin Mungase Age-major, Occu- Agril,
146. Bhausaheb Mohan Wagh Age-major, Occu- Agril,
147. Manisha Bhausaheb Wagh Age-major, Occu- Agril,
148. Jaya Sanjay Kote Age-major, Occu- Agril,
149. Kamalbai Balasaheb Kote Age-major, Occu- Agril,
150. Satish Prabhakar Joshi Age-major, Occu- Agril,
151. Pallavi Santosh Aher Age-major, Occu- Agril,
152. Lata Raibhan Aaher Age-major, Occu- Agril,
153. Pallavi Satish Ghungarkar Age-major, Occu- Agril,
154. Nikita Shahaji Bhungarkar Age-major, Occu- Agril,
155. Anuja Santosh Joshi Age-major, Occu- Agril,
156. Pratik Satish Joshi Age-major, Occu- Agril,
157. Deepak Balasaheb Kote Age-major, Occu- Agril,
158. Shobha Deepak Kote Age-major, Occu- Agril,
159. Sanjay Balasaheb Kote Age-major, Occu- Agril,
160. Priyanka Deepak Aaher Age-major, Occu- Agril,
161. Dipak Balasaheb Aaher Age-major, Occu- Agril,
162. Satish Raibhan Aaher Age-major, Occu- Agril,
163. Usha Balasaheb Aaher Age-major, Occu- Agril,
164. Usha Shahaji Ghugarkar Age-major, Occu- Agril,
165. Shivraj Shahaji Ghugarkar Age-major, Occu- Agril,
166. Vilas Rambhau Jadhav Age-major, Occu- Agril,
167. Ajeet Babasaheb Jadhav Age-major, Occu- Agril,
168. Suraj Gorakshanath Kokane Age-major, Occu- Agril,
169. Rahul Rewannath Kokane Age-major, Occu- Agril,
170. Ganesh Balasaheb Kokane Age-major, Occu- Agril,
171. Prakash Mohan Wagh Age-major, Occu- Agril,
172. Sonali Balasaheb Shelke Age-major, Occu- Agril,
173. Komal Dattatraya Kapse Age-major, Occu- Agril,
174. Sanjeevani Abasaheb Kapse Age-major, Occu- Agril,
175. Abasaheb Yeshwant Kapse Age-major, Occu- Agril,
176. Muktabai Yeshwant Kapse Age-major, Occu- Agril,
177. Sangeeta Dipak Gaike Age-major, Occu- Agril,
178. Rushikesh Anil Dhage Age-major, Occu- Agril,
179. Nitin Ashok Dhage Age-major, Occu- Agril,
180. Akshay Vijay Gaike Age-major, Occu- Agril,
181. Mohini Shankar Shete Age-major, Occu- Agril,
182. Shankar Sopan Shete Age-major, Occu- Agril,
183. Kavita Sopan Shete, Age-major, Occu- Agril,
184. Chaya Ashok Dhage Age-major, Occu- Agril,
185. Nikita Ashok Dhage Age-major, Occu- Agril,
186. Ashwnini Anil Dhage Age-major, Occu- Agril,
187. Anil Shivram Dhage Age-major, Occu- Agril,
188. Ashok Shivram Dhage Age-major, Occu- Agril,
189. Gangubai Raosaheb Kapse Age-major, Occu- Agril,
190. Nikhil Ashok Dhage Age-major, Occu- Agril,
191. Siddhant Arun Gaike Age-major, Occu- Agril,
192. Kedarnath Shivaji Ghawate Age-major, Occu- Agril,
193. Mangal Shivaji Ghawate Age-major, Occu- Agril,
194. Shivaji Surchand Ghawate Age-major, Occu- Agril,
195. Suchitra Ramdas Agale Age-major, Occu- Agril,
196. Swapnil Ramdas Aagle Age-major, Occu- Agril,
197. Suhasini Ramdas Angle Age-major, Occu- Agril,
198. Ramdas Ranghnath Aagle Age-major, Occu- Agril,
199. Pramodini Kundalik Zirpe Age-major, Occu- Agril,
200. Sayli Kundalik Zirpe Age-major, Occu- Agril,
201. Snehal Kundalik Zirpe Age-major, Occu- Agril,
202. Kundalik Baburao Zirpe Age-major, Occu- Agril,
203. Vastala Shivram Dhage Age-major, Occu- Agril,
204. Mandakini Madhukar Tidke Age-major, Occu- Agril,
205. Madhukar Bapurao Tidke Age-major, Occu- Agril,
206. Manikrao Bapurao Tidke Age-major, Occu- Agril,
207. Chandrakala Manikrao Tidke Age-major, Occu- Agril,
208. Antonan Francis Bhalerao Age-major, Occu- Agril,
209. Shrikant Francis Bhalerao Age-major, Occu- Agril,
210. Bapurao Francis Bhalerao Age-major, Occu- Agril,
211. Vithoba Ravsaheb Ghode, Age-major, Occu- Agril, Respondent No. 5 to 211 All R/o Taklibhan, Tq. Shrirampur, Dist. Ahmednagar ..Respondents ...
Advocate for Petitioner : Mr. Mahesh S. Deshmukh a/w Mr. Rahul R. Karpe i/b Mr. S.S. Gangakhedkar AGP for Respondents/State : Mr. S.N. Kendre Advocate for Respondent Nos.5 to 211 in WP/1580/2017 & Respondent No.51 in WP/4196/2016 : Mr. V.D. Hon, Senior Counsel i/b Mr. A.V. Hon Advocate for Respondent Nos.4 & 6 : Mr. V.H. Dighe Advocate for Respondent No.5 : Mr. P.P. Khandagale Patil Advocate for Applicant in CA/15009/2022 : Mr. D.J. Choudhary Advocate for Applicant in CA/10811/2022 : Mr. Vivek V. Kabade Advocate for Applicant in CA/16284/2022 : Mr. A.B. Kale ...
CORAM : S.G. MEHARE, J.
RESERVED ON : APRIL 04, 2024 PRONOUNCED ON : APRIL 30, 2024 JUDGMENT :- 1.
Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2.
Petitioner, Rahul Patare has filed these two Writ Petitions. In Writ Petition No.4196 of 2016, he has impugned the order dated 06.04.2016 of respondent no.4/ /The District Deputy Registrar Co-Operative Societies, Ahmednagar. 3.
The prayers in this writ petition read thus : "B.
Issue writ of certiorari or any other writ or direction in the like nature thereby kindly quashed and set aside the impugned order dated 06.04.2016 passed by the present respondent no.4-District Deputy Registrar Cooperative Society, Ahmednagar and consequently the said application filed by the petitioner on 06.04.2016 thereby sought deletion of 393 person from the final voter list and further necessary
order to that effect to the present respondent no.6 - Returning Officer."
4.
This Court, by order dated 07.04.2016, decided the prayer clause (C) and (D). The relevant portion of the order reads thus :
".
In the polling scheduled on 10-04-2016, the votes cast by added respondents (total 393 deleted members) shall be kept in a separate ballot box. However, counting and declaration of results be deferred till next date." 5.
By way of amendment, the Petitioner added the following prayer clause :
"(B-1). By an order of this Hon'ble Court in the like nature of writ or any other appropriate order, kindly quashed and set aside the impugned order dated 11.08.2016 passed by respondent no.1 in Appeal No.A-199/2016."
6.
In another Writ Petition No.1580 of 2017, he made the following prayer :
"B.
Issue writ of certiorari or any other writ or direction in the like nature thereby kindly quash and set aside the impugned order dated 03.01.2017 passed by the present respondent no.1 - Hon'ble Minister for Cooperation Department (State) in Revision Application No.764/2016." 7.
The brief facts of the case were that the Petitioner was the member of the Taklibhan Vividh Karyakari Seva Sahakari Sanstha Ltd, Taklibhan, Taluka Shrirampur, District Ahmednagar,
the respondent no.5. Respondent no.5 is the Registrar Society under the Maharashtra Co-operative Societies Act 1960 ('Act 1960' for short) having its approved bye-laws on the competent authority. Four hundred fourteen persons were removed from the membership registers as they were not agriculturists nor residents of Taklibhan Village. Respondent no.5 had impugned the order of respondent no.3, deleting 414 persons by a Revision Application No.123/2015 before respondent no.2/Divisional Joint Registrar, Nashik Division Nashik. Respondent No.2 stayed the order of Respondent No.3. During the intervening period, Respondent No. 4 issued the election program for preparing the voters list on 02.02.2015.
8.
Respondent no.5 succeeded in protracting the revision hearing before respondent No.2. Therefore, the Petitioner was constrained to file Writ Petition No.1663/2016. The said writ petition was disposed of on 09.02.2016, directing Respondent No.2 to dispose of the revision application before it within a stipulated time. Respondent no.2 belatedly allowed the said revision partly by order dated 04.06.2015 and remitted the matter to respondent no.3 for a fresh hearing.
9.
Again, on 26.02.2016, respondent No.4 issued a final voter list for the election of respondent No.5 and declared the final election program on 04.03.2016. Since Respondent No.2 set aside
the order of Respondent No.3, the names of those 414 persons were included in the final voter list published on 26.02.2016. The Petitioner had filed another Writ Petition No.2835/2016 before this Court seeking direction against Respondent No.3 to dispose of the Application No.1/2014 (after the remand by respondent no.2). The High Court by order 10.03.2016 directed the Respondent No.3 to dispose of the application in a specific time. In view of the direction of the High Court, By order dated 06.04.2016, Respondent No.3 was directed to delete 393 persons (who are respondents herein) from the membership register of Respondent No.5. On the very same day of the order of Respondent no.3, the Petitioner moved an application before Respondent No.4 requesting him to delete those 393 persons from the final voters list. However, Respondent No.4 passed the impugned order. 10.
The Petitioner has amended the petition as per the order of the Court dated 30.08.2016 and impugned the order of Respondent No.1 passed in Appeal Proceeding No. A-199/2016 dated 11.08.2016. The said order was assailed on the ground of no jurisdiction. Respondent No.1 had no powers to entertain the appeal against the appointment of the Administrator by Respondent No.2 on 24.05.2016. It has been submitted that the existing management committee, whose term expired on 07.05.2016, does not vest any right to continue in power.
Therefore, the order of Respondent No.1 dated 11.08.2016 is illegal and without any authority of law.
11.
Respondent No.3 filed an affidavit in reply on 20.04.2016. He submitted that by his order dated 06.04.2016, he directed the deletion of 393 persons from the list of members. His affidavit in reply is just on the facts.
12.
Respondent Nos. 201, 240, 365, 366, 238, 239, 381, 382, 383, 384, 385 have filed their submissions in Marathi. Their reply is a replica of each other's reply. In sum and substance, their contention is that they were members of Society, Respondent No.5. Their names should be continued in the voter list. The final voters list was not impugned. Respondent No.3 passed the order without notice to them. As per Section 22 of the Act of 1960, the membership is not seized or cancelled for one month after the order of Respondent No.3 under Sections 11 and 25 of the Act of 1960. They have cast their votes. The objection raised to their names in the voter list cannot be raised after ten days. The petition is not tenable.
13. He moved an application dated 06.04.2016 before Respondent no.4 to delete 393 persons who have been added as respondents in this writ petition be deleted from the voters list of the election of respondent no.5. Respondent no.3, the Assistant Registrar Co-operative Society, under his power under Section 11
and 25 of the Act 1960, ordered to delete the names of those 414 persons from the membership register of respondent no.5. 14.
Brief facts of Writ Petition No.1580 of 2017 were similar to the facts of Writ Petition No.4196 of 2016. In this writ petition, the 393 persons whose names were deleted from the membership register by Respondent No.3 by order dated 06.04.2016 were impugned before Respondent No.2 by two revisions registered as Civil Revision Application Nos.79 and 80 of 2016. Respondent No.2, by order dated 24.08.2016, dismissed those revisions. His order was impugned before the Hon'ble Minister-respondent no.1. By order dated 03.01.2017, he has partly allowed the revisions and remitted the case to Respondent No.3 for a fresh decision by giving the opportunity to the petitioners.
15.
The admitted facts of this case were that the election of Respondent No.5 was completed as per the schedule declared by Respondent No.4. The disputed members cast their votes. By order dated 07.04.2016, this Court had deferred the result of elections. Further, by order dated 07.03.2017, the order dated 07.04.2016 was modified to the extent of counting votes and not to the extent of declaration of results. The votes of the members about whose eligibility there is no dispute shall be counted, and also the votes of members about whose entitlement there is a
dispute shall be counted by preparing two separate lists, and this list by two separate envelopes and duly sealed under the authority of the returning officer be submitted to this Court on or before the next date.
16.
It was further directed that the counting shall be conducted in the presence of the candidates and the representative of the candidates in accordance with the rules on 15.03.2017 at the place mentioned in the election program at 12.30 pm. It was clarified that the result of the counting shall not be declared, and only counting shall be done in the manner directed above, and the list be submitted accordingly in two separate sealed envelopes. 17.
A common submission has been made by the respective counsels that the order dated 17.03.2017 has been complied with. The counting was done, and two separate lists duly sealed under the authority of the returning officer has been submitted to this Court.
18.
Heard the respective counsels at length.
19.
A small question that goes to the root of this case is whether 393 persons/respondents were eligible to be members of society/Respondent No.5. If not, can their names be deleted from the final voter list?
20.
The next question would be whether the votes of these 393 (actual votes cast 255) so-called members should be counted or not.
21.
Learned counsel for the Petitioner has vehemently argued that before the election program was declared, the objections were raised that those 414 persons could not be members of Respondent No.5 society. He reiterated the facts discussed in the above paragraphs. He submitted that, as per the bye-laws of the Society, those persons were not eligible to be members of the Society. They were correctly deleted from the register of members on two counts i.e; some of them were not the residents of the operational area of the village, and some of them had no agricultural lands. He referred to the order of Respondent No.3 and submitted that after due inquiry, he categorically divided those members who had proved their residence in village Taklibhan as having no residence and agricultural land in village Taklibhan.
He has vehemently argued that the bye-laws of the Society prescribed the qualification to be a member of the Society. To become a member of the Society, the person willing to become a member must be a resident of the village Taklibhan and must have agricultural land within the village. He has vehemently argued that Respondent No.
Society and delete the names of those persons who are not eligible to be a member of the Society. He supported the order of Respondent No.3 and submitted that he had correctly exercised his powers. The rest of his arguments were on the facts of preferring the revision, its decision, filing various writ petitions and the last impugned orders. He would submit that the order of the Hon'ble Minister is passed ex parte and referred to the said order, which is silent about granting a hearing to the Petitioner. He also vehemently argued that no revision lies against the order of respondent no.2 passed in Revision Application Nos.79 and 80. Therefore, the order of the Hon'ble Minister is also without jurisdiction. To bolster his arguments, he relied on the Shireen Sami Gadiali and another Vs.
Spenta Co-operative Housing Society Ltd and others, 2011 (3) Mh.L.J. 486. He prayed to allow the petitions.
22.
Learned senior counsel, Shri V.D. Hon, for all respondents whose names have been deleted, has vehemently argued that the Petitioner was not the voter. Hence, he is not entitled to object under Rule 11 of the MCS Rules. On 26.02.2016, the final list of voters was enlisted. Therefore, the voters who have entered the final voter list are entitled to cast a vote. He also reiterated the facts of the case. However, his further arguments were that since the election process was completed, the Petitioner
has the only remedy to raise the election dispute under Section 91 of the Act of 1960. Therefore, the election result should be declared first. He referred to Sections 11, 152 and 154 of the Act of 1960 and argued that Section 25A is the execution of Section 11. He further argued that where the election dispute is a remedy, the High Court cannot consider the same relief under writ jurisdiction. He further argued that the Hon'ble Minister had correctly remitted the matter to Respondent No.3 to decide the dispute afresh. He has given the dates of events in the Index dated 28.09.2017. He added that only the members of the Society have the right to object under Rule 11 of Election Rules, 2014.
He further argued that the Petitioner was disqualified from being a member of the managing committee and the voter for the ensuing election under Section 71A (1)(2) of the Act 1960 and was responsible for misappropriating the fund of Society. Therefore, he was not named in the voter list. He added that the Hon'ble Supreme Court and this Court consistently viewed that the election cannot be interfered with once the election is set in motion. In the case of Ramkishan Shinde Vs. State of Maharashtra, 1994 Mh.L.J. 1115, this Court held that once the voters' list is published finally, any change in the voters' list is not permissible. Respondent No.
published. In the case of Osmanabad Taluka Bhajipala Va Phale Utpadak Prakriya Sanstha Ltd and another Vs The Collector, Osmanabad and others, 1989 C.T.J. 45, the Division Bench of this Court held that it is not appropriate for the High Court to interfere with the election process at the intermediate stage i.e. after commencement of the election process and before the declaration of the results. In Ashok Keshavrao Sonar Vs. State of Maharashtra and others, 2002 (1) ALL M.R. 595, after considering Sections 25A and 35 of Act 1960, it is held that the petition itself is not maintainable in the midst of the election process and the proper remedy is election dispute. He further referred to the case of S.T. Muthuswani Vs. K.
Natarajan, AIR 1988, SC 616, and argued that it has been held that under Article 226 of the Constitution of India, the High Court can not interfere in the midst of the election process, and the parties are to be directed to take appropriate efficacious remedy after declaration of the election results. Lastly, he referred to the case of Sant Sadguru Janardhan Swami (Moinguru Maharaj) Sahakari Dugdha Utpadak Sanstha Vs. State of Maharashtra, 2002 (1) Mh.L.J. 659 in which it has been held that the legality of the voter list cannot be gone into the midst of the election process, and the parties are to be left to take recourse of alternate remedy by way of election proceeding. In view of these submissions, he prayed to dismiss the petitions.
23.
Learned Advocate Mr. Kale for the intervenors submitted that they have contested the election of Respondent no.5 society for the term from 2016 to 2021. Since this Court deferred the results of the election, therefore, in view of Section 73AAA (3) of the Act of 1960, the term of the managing committee commences from the day on which the result of the election will be declared and the term of the elected body would be from the date of the first meeting of such elected body. These applicants have also raised the objection to the locus of the Petitioner. He had challenged non-inclusion of his name in the voter list by Writ No.2836 of 2016. However, he withdrew it. In spite of these facts, he challenged the membership of 396 members.
It is the prayer of the applicants that the dispute raised by the Petitioner created a mess, and the Society has no managing committee. Therefore, the matter would be heard on merit, and the result should be declared as soon as possible. It seems from the contents of the application and the arguments of learned counsel for the proposed intervenors that they have no arguable points. They just wanted to have a quick disposal of the writ petition. However, he added that once the final voter list is published, the eligibility and the legality of the members of the Society could not be examined under Section 11.
the Petitioner is the election dispute under Section 91 of the Act of 1960.
24.
Learned counsel Mr. Dighe for respondent nos.4 and 6 vehemently argued that Section 25A is not included in Section
152. Hence, there shall be no two revisions. There was sufficient evidence to believe that they did not reside in the village. 25.
The locus of the Petitioner has been vehemently disputed on the ground that he was disqualified to be a managing committee member. Since financial responsibility was imposed upon him, he was not eligible to be a voter of the Society. Therefore, he has no locus to impugn the membership of the persons enlisted in the membership register.
26.
To be a member and a voter are two distinct concepts. The voter is a member of the Society, but the member may not be the voter for the election. The respondents have not disputed that the Petitioner is a member of the Society. Needless to say that, every member of the Society has a right to question the membership of a person. Therefore, this Court does not find water in the argument of the learned counsel for respondents that the Petitioner has no locus to object to the membership of the voters who have been deleted from the register of members. 27.
The vehement argument of learned senior counsel Mr. Hon goes towards the jurisdiction of this Court under Articles 226
and 227. Once the election process commences, the High Court can not interfere with the process under its extraordinary jurisdiction. In the case laws relied upon by him cited supra, the law is declared that once the election program has progressed to the advanced stage, the High Court should not exercise extraordinary jurisdiction. In the case, of Ramkishan (supra), it has been held that once the voter list is published, finally, any change in the voter list is not permissible. The Registrar cannot exercise powers under Section 11 of the Act of 1960 to alter the final voter list after its publication. In that case, after the final voter list was published, an application under Section 11 of the Act of 1960 was filed before the Registrar, contending that the voters included in the final list were not qualified. Under this premise, the above ratio has been laid down. This is the consistent view.
28.
The facts of the case of Sant Sadguru (supra) were that the provisional electoral roll was published, and the objections were invited to the provisional electoral roll. The date of publication of the final voter list was also published. However, before the date of declaring the final voter list, the State Government had stayed the election of the Society on account of the rainy season. The State has also declared that where nomination papers have not yet been filed, the elections stand
postponed till 30.09.1999. The objections to the provisional electoral roll were filed and considered on the date scheduled for it. However, the Collector informed the concerned of the decision of the Government to postpone the election. However, some representations were made to the State Government to exempt the Society from the order postponing the elections. The Government accepted the representation of the Society and exempted it from the notification postponing the election. In view of the Government's directions, the Collector drew an election schedule for holding elections in the Society. At that stage, the petitioners filed a writ petition under Article 226 of the Constitution before the High Court praying to stay the order of the Collector drawing the election schedule after the Government exempted the Society.
In this case, there was no dispute about the eligibility of the membership of the Society nor the final voter list. Under this premise, the High Court had declined to entertain the writ petition under Article 226 of the Constitution of India and the Hon'ble Supreme Court affirmed the view.
29.
Per contra, learned counsel for the Petitioner relied on the case of Ahmednagar Zilla S.D.V. and P. Sangh Ltd and another Vs. State of Maharashtra and others, AIR 2004 SC 1329 and argued that the Hon'ble Supreme Court in para 4 has observed thus:
"4. In Sant Sadguru Janardhan Swami (supra) this Court made the aforementioned observations keeping in view the fact therein the voters' list was prepared in terms of the extant rules but certain irregularities were committed therein but where voter list has been prepared on the basis of nonexistent rules the same would be illegal. " 30.
In that case, the High Court directed to include the names of respondents in the electoral roll, which the Hon'ble Supreme Court held justified considering the peculiar fact that the appellant placed no material to show that the amendments in the bye-laws have been carried out in accordance with the law. 31.
In brief, the dispute of the above case was that the general body meeting of the Society was held wherein it was proposed to amend the bye-laws. It was resolved in the said general body meeting that the milk supply societies to extent of 200 litres per day in 300 days for last three years will be categorized as Class 'A' societies. It was also resolved that the milk supplying societies with more than 50 litres of milk daily in 300 days for the last three years will be categorized as class 'B' societies, and the societies supplying less than 50 litres of milk for 300 days for the last three years will be categorized as class 'C' societies and it will be called as nominal members. The Divisional Deputy Registrar has approved the amendment of the aforesaid bye-laws. Accordingly, the voters' list was prepared for holding the
election to constitute the managing committee of the Society. The respondent had impugned the amendment before the Joint Registrar Co-operative Societies (Dairy). He allowed the appeal, holding that the amendment of bye-laws to be illegal and inasmuch as the same was issued without giving notice to the members. The revision against that order was also dismissed. The appellant preferred the writ petition before this Court. This Court also dismissed the writ petition. Under this premise, the question was whether the High Court ought to have entertained the writ petition by respondents or not take a back seat in the instant case as it was for the appellant herein to show that the amendments in the bye-laws have been carried out in accordance with the law. The Hon'ble Supreme Court affirmed the view of this Court. 32.
Pursuant to the above view, the learned counsel for the Petitioner has argued that the writ petition is well maintained in the instant case as the provisional and final voter list was prepared on the basis of no qualification to become a member. He further argued that the source of the voter list is the membership register. The eligibility and qualification of the voter is decided on the basis of the qualifications provided in the bye-laws of the Society. Herein, the respondents claiming to be the voters were primarily not eligible to be members of the Society. Hence, adding them to the voter list is based on non-existent rules, and it is
illegal. Therefore, this Court may well exercise extraordinary jurisdiction.
33.
He further relied on the case of Pundlik Vs. State of Maharashtra and others, (2005) 7 SCC 181 and referred para 9 of the said judgment. The facts in brief of the case were that the election program was declared, and the names of the representatives of the Society were invited. The name of Respondent No.7 as a delegate was sent. Thereafter the Collector declared the election program, mentioning that if the Society wanted to change the names of its delegates, it could do so, at the latest by 10.06.2005. Pursuant to the said communication from the Collector, the managing committee convened a meeting on 09.06.2005 and decided to send the names of the Petitioner as its delegates by passing an appropriate resolution. Respondent No. 7 had raised the dispute before the Cooperative Court which was pending.
The appellant had a case that the Divisional Deputy Registrar, vide its communication dated 18.06.2005, to the Joint Registrar Co-operative Society informed that the resolution 7 of the Society was correct. Accordingly, the Collector finalized the voter list and published the voter list on 27.06.2005. By order dated 28.06.
change of representative in the meeting dated 09.06.2005 was not proper. The appellant had impugned the said communication in the Writ Petition. The High Court dismissed the writ petition. Under this premise, the Hon'ble Supreme Court observed that on merits, it is true that the High Court of Bombay, in several cases, held that preparation of the voter's list is an integral process and the Court would not interfere at that stage. Strong reliance was placed on Sant Sadguru (supra) case. It was contended by the respondents that the preparation of the electoral roll is an interim stage in the process of election of the specified Society, and the Court should not stay or interfere with the said election process. The Hon'ble Supreme Court in para 9, has observed thus : "9. We are unable to uphold the contention.
In Sant Sadguru Janardhan Swami, this Court had an occasion to consider the relevant provisions of Act and Rules. Referring to section 144X of the Act, the Court observed that preparation of voters list is one of the stages of election. It is true that according to this Court, normally the High Court would not interfere in exercise of powers under Article 226 of the Constitution at the stage of preparation of voters but such action must be in accordance with law."
34.
The law laid down by the Hon'ble Supreme Court in the above case, if the action preparing the voter list is in accordance with law, the High Court would not interfere in the exercise of power under Article 226 of the Constitution. In other
words, it may be stated that the rules for preparing the voter list are followed. The High Court, under extraordinary jurisdiction, should not interfere in the process. However, the process of preparing the voter list is again not in accordance with the law. The High Court can very well exercise extraordinary jurisdiction under Article 226 of the Constitution of India. This Court, in the case of Ankita Gaurav Mungad and Others Vs. The State of Maharashtra and Others, Writ Petition No.511 of 2023, decided on 27.03.2023 observed that this being an election matter, this Court would be very slow in interfering with the election process. However, a large number of voters are sought to be deleted by impugned orders of respondent no.
2 who traveled far beyond the scope of Rule 7 and lastly set aside the order deleting such large number of voters. He further relied on the case of Ankushbhau s/o Juglal Baghele and Ors Vs. State of Maharashtra and Ors, Writ Petition No.1686 of 2022 decided on 13.04.2022 (at Nagpur Bench) and argued that where the illegality is not minor or technical, the Writ Court cannot turn a blind eye and be a mute spectator and can very well exercise the extraordinary jurisdiction. In that case, on the day of filing the petition, the election process commenced, and during the pendency of the petition, the election process was significantly processed, and the stage of accepting the nomination form was over.
District Election Officer deleting 50 names of the voters was also impugned. In that case, the case of Dattatray Ganaba Lole and Ors Vs. Divisional Joint Registrar, Co-operative Societies and Ors, 2021 SCC Online Bombay 4578 was relied on. In the said judgment, in para 46, it was observed thus:
"46.
The only circumstances in which the Courts would be inclined to interfere in a challenge to an election process at an intermediate stage would be when the order of action under challenge is patently and demonstrably illegal, such as, for example, by applying a non-existent rule or provision to the election process of failing to adhere to a mandatory provision. The intervention in such cases has been explained enabling or assisting the process of election rather than thwarting or stalling it. Also, one of the important aspects to consider is the precise stage of the election process and the delay, if any, in the filing of the petition. " 35.
The Court on the above premise, held that the illegality is not of minor or technical nature and Writ Court cannot turn a blind eye and be a mute spectator on the jurisprudential logic that the election process has commenced and the writ Court ought to be loathe to interfere.
36.
Once again, it is reiterated that eligibility to a member of the Society was challenged long before the election program was declared. However, during the pendency of that dispute, in the meantime the election process was declared.
37.
The factual matrix of this case was that the Petitioner had preferred an appeal under Section 25A r/w 11 of Act 1960 on 04.08.2014 before Respondent No.3. He decided that appeal on 04.06.2015. The said order was assailed before Respondent No.2 under Section 154 of the Act of 1960 vide Revision Application No.123/2015. The Chairman and Secretary of the society/Respondent No.5 and 396 so-called members have impugned the said order. That appeal was decided on 24.02.2016. Respondent No.2 remitted the matter to Respondent No.3 for a fresh decision. During the pendency of that revision, the order of Respondent No.3 dated 04.06.2015 was stayed. Respondent No.3 again heard all the parties and decided the appeal on merit, declaring 337 members ineligible to be members of the Society by his judgment dated 06.04.2016.
In interregnum, the provisional voter list was published on 03.02.2016. Since there was a stay to the earlier order of respondent No.3, all these members were enlisted in the voter list. The order dated 06.04.2016 was again assailed in revision No.79 of 2016 and 80 of 2016. Respondent No.2, by order dated 24.08.2016, dismissed the revisions and upheld the order of Respondent No.3.
village. The learned counsel for the Petitioner has correctly pointed out that till date, none of them have produced any evidence that they reside in the village and have lands in the village. None of the learned counsel disputed that the qualification to become a member of the Society was the residence of the area of the operation of the Society and have agricultural land within the area of the operation of the Society. None of the lawyers for respondents commented on it.
38.
Section 11 of the Act of 1960 empowers the Registrar to decide whether the person is an agriculturist or not or whether any person resides in the area of the operation of the Society or not. Therefore, Respondent No.3 has correctly exercised the powers. Pursuant to the decision on the questions mentioned above under Section 25A of the Act 1960, the committee of the Society has to remove from the register of its members the names of persons who have ceased to be a member or who stand disqualified by or under the provisions of the Act or the rules made thereunder for being the member or the member continuing to be the member of the Society. Suppose the Society does not comply with the requirements of this section, in that case, the Registrar shall direct such Society to remove the name of such persons, and the Society shall be bound to comply with such directions.
39.
It has been correctly argued by learned counsel Mr. Dighe for respondent Nos. 4 and 6 that Section 25A is the execution of the orders passed under Section 11. However, the dispute was pending before the revisional authority. As per the requisite qualifications, their names were listed on the voters list. 40.
The question as raised is whether such persons who are primarily not eligible to be members of the Society can exercise their right to vote and, if they exercised their rights during the pendency of a dispute about their eligibility, if their vote is valid and legal. Obviously, the answer is no. 41.
The impugned order of the Hon'ble Minister has also been assailed on the ground that there shall be no second revision against the order of respondent No.2. However, he exceeded its jurisdiction in passing the order under a revisional jurisdiction. 42.
The Full Bench of this Court in Shireen Sami (supra), has occasion to deal with the revisional jurisdiction of the State Government and the Registrar. Respondent No.2 has exercised the revisional power under Section 154 of the Act of 1960. The brief facts of the above case were that the recovery certificate granted by the Deputy Registrar under Section 101 of Act 1960, was impugned under Section 154 of the Act before Divisional Joint Registrar. He allowed that revision and set aside the order of the Deputy Registrar. The Petitioner had challenged that order by
filing the revision under Section 154 before the State Government. State Government by order dated 19.07.2010, held that the revision against the order of Divisional Joint Registrar before the State Government under the provisions of Section 154 was not maintainable. The said order was challenged in the writ. The question of law in Writ Petition No.6403 of 2010 was referred to the Larger Bench, which reads thus :
(i) Whether sub-section (1) of Section 154 of Maharashtra Cooperative Societies Act, 1960 gives concurrent jurisdiction to the Registrar and the State Government to exercise power? (ii) Whether the power of revision under sub-section (1) of Section 154 of the said Act can only be exercised once and cannot be exercised twice over?
43.
In another Writ petition No.7293 of 2010, the questions of law was referred to the Larger Bench which reads thus:
(i) Whether the remedy under Section 154 of the Maharashtra Cooperative Societies Act, 1960 is available to an aggrieved party as a matter of right?
(ii) Whether the remedy available under Section 154 of the said Act can be said to be efficacious and adequate remedy? 44.
The Hon'ble Full Bench crystallized the provisions of Section 154 of the Act 1960 and observed in para 10 that "The
Supreme Court, thus, has clearly held that once the legality or the propriety of an order has been examined by an authority possessing revisional jurisdiction, there is no question of another authority in exercise of the same revisional jurisdiction again considering the legality and propriety of the decision in revision. In other words, a decision taken in revisional jurisdiction cannot be subjected to further revision unless there is a specific provision made in that regard. In our opinion, therefore, in view of the clear scheme of section 152 and section 154 and the observations of the Supreme Court referred to above, the position is absolutely clear that an order passed in exercise of revisional jurisdiction under Section 154 cannot be subjected to scrutiny in exercise of revisional jurisdiction again under the provisions of Section 154 of the Act."
45.
The law laid down by the Hon'ble Full Bench about the revisional jurisdiction of the State Government under Section 154 of the Act after its exercise by the Registrar is crystal clear that the State Government has no power to re-examine the legality and propriety of the orders and exercise the same power again. Therefore, the impugned order of the Hon'ble Minister is without jurisdiction.
46.
In Writ Petition No.4196 of 2016, by way of amendment, the order of respondent No.2 dated 11.08.2016
passed in Appeal No.199/2016 has also been assailed on the ground that it was an order without jurisdiction and authority. In the backdrop of amendment provisions under Section 73AAA (3), which in ambiguous terms mandates that the term of elected members and its office bearers shall be five years. Sub-section (3) of Section 77A was deleted vide effect from 14.02.2013, contrary to the amended provisions of Section 73AAA (3) of the Act, 1960. 47.
Respondent No.2 in the said Appeal No.199/2016 was dealing with a notice dated 06.05.2016 issued under Section 77A of the MCS Act issued to the then managing committee calling upon them why the Administrator should not be appointed for the Society. He invited their written say on or before 24.05.2016. They resisted that notice and opposed the appointment of the Administrator. Respondent No.3, the Assistant Registrar, made the decision to appoint an Administrator by order dated 24.05.2016. Respondent no.1 relying on the judgment of this Court in Ghatageppa Parreppa Megeri and Ors Vs. M.R. Naik and ors, 1984
(0) AIR (Bom) 56 : 1983 (O) Mh.L.J. 1984, held that it is not a case to which Clause (b) of Section 77A (1) was attracted in the present case. Therefore, the exercise of power by the Assistant Registrar, Cooperative Societies to appoint the Administrator is wholly illegal, and finally he quashed and set aside that order.
48.
The petitioner with others had impugned the above order However, by a Writ Petition No.6221 of 2016 against the sitting managing committee members. It has been observed that the proviso to sub-section (3) of Section 77 A came to be deleted from 14.02.2013, and Section 73-AAA (3) was reproduced and held that the aforesaid provisions that no scope is left to the Directors of the Cooperative Societies to continue in office when the term of direct expires and the office bearers also cannot continue in the office. It appears that the learned Divisional Joint Registrar considered the provision which was already deleted, and referred the case of Ghatageppa.
The observations in the said case were made by this Court in view of the previous provisions of the Act, and it was held that there was no failure on the part of the members of the Society to elect members of the managing committee and so previous members were entitled to continue in the office. It has been further observed that the previous office bearers are interested in getting the result in favour of aforesaid 393 voters, and they want that these persons need to be allowed to vote in the elections. Finally, the order dated 11.08.2016 was set aside, and the order of the Assistant Registrar dated 24.05.2016 was restored. Nobody has pointed out that this order was impugned before the Higher Court or modified the order of this Court.
49.
It seems that the petition was amended on the same day on the orders passed in the above application. However, that issue has attained finality.
50.
The facts of this case, as pleaded, were that the Petitioner has objected to the membership of the respondents who have been disqualified on 04.06.2015 to the eligibility of the contesting respondents to be a member of the Society. In the meantime, when the dispute was pending about the eligibility of the membership, the provisional list, including their names, was published on 03.02.2016. on 09.02.2016, the election was declared. All these facts were pleaded, and keeping in mind the declaration of election, the right of the voters deleted from membership by Respondent No.3 under Section 11 and 25, this Court has consciously passed the order on 07.04.2016 allowing them to cast the vote and those votes be kept in a separate ballot box. This Court, by no order, disturbed the election program. The election process was completed.
The voters have cast their votes. However, this Court, by the same order, deferred the declaration of the result till the next date. Thereafter, the order dated 07.03.2017, as discussed above, was also passed. This way or otherwise, the matter remained pending, and that could not be heard finally. However, the declaration of the result was deferred from time to time.
whose names had been deleted were impugned long before publishing the voter list and the election program commenced. At the cost of repetition, this Court never disturbed the election process. On the contrary, the Court allowed the completion of the elections by putting in certain conditions, as mentioned above. 51.
In view of the above discussion, it is held that there was patent illegality in admitting 393 persons as members. Therefore, this Court can exercise extraordinary jurisdiction. The Assistant Registrar/Respondent No. 3 correctly held that they were not eligible to be members of the Society since the register of the members is the source of the voters list, and they were not eligible to be the voters. Adding them to the voter's list is defective. Their membership was impugned long before the publication of the provisional voter list, and that issue was subjudice before the competent authority. Therefore, in these peculiar circumstances, it cannot be said that once their names were published in the final voter list, this Court cannot disturb the election program by exercising the power under Article 226 of the Constitution of India.
In these peculiar circumstances, the petitions are maintainable. That apart, the election process was never disturbed by this Court. Only the issue of voter's eligibility was under consideration before this Court and other competent authorities.
box. These acts do not disturb the election process in the midst of the election program.
52.
It is declared that 393 voters were not qualified to be voters. Hence, their votes (255 voters who had cast their votes) should not be counted when declaring the election. 53.
It is further declared that the impugned order of the Hon'ble Minister dated 03.01.2017 stands quashed and set aside as it was without jurisdiction, and the orders of Respondent No.2 i.e. the Divisional Joint Registrar dated 13.12.2016, and the order of Respondent No.3/Assistant Registrar dated 04.06.2016 are restored.
54.
The order of Respondent No.2 passed in Revision Application Nos.79 of 2016 and 80 of 2016 dated 24.08.2016, and the order of Assistant Registrar/respondent no.3 dated 06.04.2016 stands confirmed.
55.
In view of the above, both writ petitions stand disposed of.
56.
All pending civil applications stand disposed of. 57.
Rule made absolute in above terms.
58.
The Registrar (Judicial) is directed to return the envelopes deposited with him as per the orders of this Court dated 07.03.2017 to respondent No.4 or any officer authorized by him on 03.05.2024, and he is directed to declare the election results
within three days thereafter, excluding the members not qualified to vote i. e. 393 (actual votes 255) voters as per the election program by giving a public notice to all concern at the place as per the election program.
59.
Learned counsel for the disqualified voter Mr. Hon submits that he wants to impugn the order to the Hon'ble Supreme Court. Therefore, this order may be stayed for eight weeks. 60.
Learned counsel for the petitioner strongly opposed the prayer and submitted that the result of the election is withheld since 2016. Any public body should not be kept ungoverned by a body elected by democratic election.
61.
Considering the issue involved in the case, it would be unjustifiable to stay the impugn order for further period as the election was completed in 2016 and only results remained to be declared. Hence, the request of learned counsel Mr. Hon cannot be entertained.
(S. G. MEHARE, J.) Mujaheed//