Bhagwant Shelar Bigar Sheti Gramin Sahakari Pat Sanstha Ltd Thr Its Chairman v. State Of Maharashtra Thr Secretry Co-Operative Department Mantralaya Mumbai And ORS

913.WP.4078.2025.doc by ANANT KRISHNA NAIK Date:

2025.04.05 11:12:02 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4078 OF 2025 Kai. Bhagwant Shelar Bigar Sheti Gramin Sahakari Pat Sanstha Limited, through it's Chairman ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents **** Mr. Yuvraj S. Gharal, Advocate for the Petitioner. Mr. Dilip Bodake, Advocate for the Respondent Nos. 2 and 3 Mr. N. K. Rajpurohit, Assistant Government Pleader for the Respondent No.1-State **** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATED :

4th APRIL 2025 P.C.:

1.

Heard.

2.

The challenge raised in this Writ Petition is to the determination of the cut-off date for preparation of the provisional voter's list which has been taken as 27/02/2023.

3.

Undisputedly, the elective term of the Managing Committee of the Petitioner - Kai. Bhagwant Shelar Bigar Sheti Gramin Sahakari Pat Sanstha Ltd., a society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 ("the Act of 1960" for short) came to an end on 27/02/2025. On that basis, the cut-off date for being eligible to participate in the election was determined as 27/02/2023. This date is determined in accordance with Rule 6(1) of the Maharashtra Co-operative Societies akn

913.WP.4078.2025.doc (Election to Committee) Rules, 2014 ("the Rules of 2014" for short) 4.

According to the learned Counsel for the Petitioner, the State Cooperatives Election Authority on 03/01/2025 had issued an order wherein it was stated that the cut-of date for elections of "A", "B", "C" and "D" Class Cooperative Societies would be 01/01/2025. It is urged on this basis, that the determination of the cut-off date as 27/02/2023 is incorrect. 5.

On perusal of the order dated 03/01/2025 it is clear that the same relates only to those Societies where the elections were required to be postponed by invoking the provisions of Section 73CC of the Act of 1960 on account of Assembly Elections. It was directed that since such elections had been postponed till 31/12/2024, the same should be held further by treating the revised cut-off date as 01/01/2025.

6.

This order is not applicable in case of the Petitioner-Society as its elections were not postponed earlier. In fact, its elective terms of the Managing Committee expired subsequently on 27/02/2025. On that basis, therefore the cut of date has been rightly determined in terms of Rule 6(1) of the Rules of 2014.

7.

In that view of the matter, we do not find any reason to interfere in exercise of writ jurisdiction. The Writ Petition stands dismissed. No order as to the costs.

8.

this order.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J) akn