Shri Dattatray Majur Sahakari Sanstha Ltd Through Its Secretary v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:26860 WP 15549/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 15549 OF 2023 Shri Dattatray Majur Sahakari Sanstha Ltd Through Its Secretary ....Petitioner

VERSUS

The State Of Maharashtra Through Its Secretary And Others .....Respondent .....

Advocate for Petitioner : Mr. Khadap Rahul D. AGP for Respondent 1 : Mrs. M.L. Sangit Advocate for Respondents 2 & 3 : Mr. S.K. Kadam .....

CORAM : ARUN R. PEDNEKER, J.

Dated : December 19, 2023 PER COURT :- 1.

Heard the learned counsel for the petitioner and Mr. S.K. Kadam, learned counsel appearing for respondent Nos. 2 and 3/Election authority. 2.

Election programme/ nomination for respondent No. 4/Society has started from today.

3.

Mr. S.K. Kadam, learned counsel for respondent Nos. 2 and 3 submits that this Court by order dated 13.12.2023 in Writ Petition No. 14934/2023 has passed an order, wherein another group of the same society had applied for addition of their representative in the voters list. The said order squarely apply to the present group also. The order dated 13.12.2023 in Writ Petition No. 14934/2023 is as under :- "1.

Heard the learned counsel for the petitioner and Mr. S.K. Kadam, learned counsel appearing for respondent No. 2/Election authority.

2.

Elections to the Aurangabad District Labour Cooperative Societies Federation Ltd., Aurangabad are due and final voters list is published on 1.12.2023. The petitioner, who is earlier Chairman along with the Managing Committee of the said society was removed by the order of the statutory authority under section 77A of the Maharashtra Cooperative Societies Act and an administrator is appointed on the said society. However, the Administrator has not been delegated any person to represent the said

WP 15549/23 society before federal society. As such two separate groups have filed representations to the authority to consider their names as representatives before the federal society. However, the election authority by order dated 30.11.2023 has rejected the representations of the two groups as the Administrator is appointed on the society and the Administrator alone can file representation on behalf of the society after holding the general body meeting. 3.

The learned counsel for petitioner submits that if the Administrator has not sent any representative as delegate of the society to the federal society, the petitioner is entitled to sent one person to represent the society. 4.

Per contra, Mr. S.K. Kadam, representing the Election authority, respondent No. 2 submits that the order passed under section 77A of the Maharashtra Cooperative Societies Act has attended finality and representation can only be filed by the Administrator on behalf of the society by following due procedure of law and the petitioner has no right to sent the representative.

5.

In view of the submissions of the learned counsel for the Election authority, the learned counsel for the petitioner has not been able to point the provision of law whereby the Chairman/Managing Committee of the removed body of the society can sent representative on behalf of the society to the federal society.

6.

In view of the same, there is no merit in the writ petition. Writ petition is dismissed."

4.

In view of the same, the present writ petition is dismissed as there is no merit.

[ARUN R. PEDNEKER J.] ssc/