Bombay High CourtWP/4022/2026disposed off

Mathurabai Balasaheb Chakranarayan v. The State Of Maharashtra Through Its Secretary And ORS

2026-04-17Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 4022 OF 2026 Mathurabai Balasaheb Chakranarayan

VERSUS

The State Of Maharashtra Through Its Secretary And Ors ...

AND 942 WRIT PETITION NO. 4025 OF 2026 Popatrao Baburao Jadhav

VERSUS

The State Of Maharashtra Through Its Secretary And Ors ...

AND 943 WRIT PETITION NO. 4026 OF 2026 Sushila Maruti Gavhane

VERSUS

The State Of Maharashtra Through Its Secretary And Ors ...

AND 944 WRIT PETITION NO. 4027 OF 2026 Prayagabai Nansaheb Bhanage

VERSUS

The State Of Maharashtra Through Its Secretary And Ors ...

Advocate for Petitioner : Mr. A.B. Kale AGP for Respondents: Mr. S.N. Kendre/Ms. R.R. Tandale/ Mr. S.K. Shirshe/ Mr. S.P. Joshi (in respective petitions) ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 17, 2026

PER COURT :- 1.

Mr. Kale, learned advocate appearing for the petitioner/s submits that petitioner/s have been disqualified from the post of Director of respondent no.5-Society under section 73CA of the Maharashtra Co-operative Societies Act, 1960. Petitioner/s filed revision application raising challenge to the order of disqualification before Joint Registrar Co-operative Societies, Nashik alongwith an application for stay to the order of disqualification. Learned Joint Registrar rejected said application after two months of date of hearing and immediately on 10.4.2026 notice for filling of the vacancy has been issued. He would submit that petitioner/s has been disqualified as they are the defaulters in payment of loan installments. However, in light of Government Resolution dated 9.10.2025 a Special Relief Package was announced for the farmers who suffered losses due to heavy rain and recovery was postponed for the period of one year from 9.10.2025. 2.

In the wake of aforesaid circumstances, petitioner/s cannot be treated as 'defaulter'. Hence, disqualification would not attract against them.

Considering the submissions advanced, issue notice to the Respondents, returnable on 6.5.2026. Learned A.G.P. waives notice for respondent nos.1 to 4. Petitioner/s shall be at liberty to serve respondent nos.5 and 6 by private mode as is permissible under law and file affidavit of service before the returnable date.

Till the returnable date, there shall be ad-interim relief in terms of prayer clause "F".

( S. G. CHAPALGAONKAR, J. ) ...

AAA/-