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Bombay High CourtWP/5728/2026disposed off

Rahul Gemsing Jadhav v. The State Of Maharashtra Through Its Secretary And Others

2026-06-10Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

2026:BHC-AUG:22816

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5728 OF 2026 Rahul Gemsing Jadhav

VERSUS

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

Advocate for the Petitioner : Mr. Bobade Yogesh K AGP for Respondent/State : Mrs. P.V. Diggikar Advocate for Respondent No.2 : Mr. S.K. Kadam Advocate for Respondent No.5 : Mr. K.J. Suryawanshi ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : JUNE 10, 2026 PER COURT :- 1.

Present writ petition takes exception to order dated 25.05.2026 passed by District Co-operative Election Officer and Divisional Joint Registrar, Co-operative Societies, Latur and seeks inclusion of his name as representative of Seva Sahakari Society Limited in the final voters' list of Nanded District Central Cooperative Bank Limited for upcoming elections for the terms of 2026-2031.

2.

Perused the record submitted before this Court. 3.

It appears that Societies were called upon to furnish resolutions nominating their representatives for the purpose of preparation of voters' list between 16.03.2026 to 15.04.2026.

However, Resolution passed by petitioner/society was not tendered within stipulated period. On next date, Secretary of the Society tendered resolution alongwith the documents. 4.

On this count, name of petitioner/society was excluded from voters' list. Record indicates that Secretary of the Society had been to the office of Assistant Registrar on last date i.e. 15.04.2026. However, since he was overburdened with the charge of many societies, he could not furnish resolution passed by petitioner/society by 6.15 p.m. on the last day. 5.

Apparently, there is no dispute that Society has passed resolution within stipulated period prescribed in notification published on 12.03.2026 by competent authority. Petitioner society appears to have taken all necessary steps within stipulated period. However, because the Secretary was overburdened, resolution could not be tendered by last date notified as per programme. In this backdrop, petitioner/Society would lose right of representation at the election of Nanded D.C.C. Bank. In peculiar facts and circumstances of the present case, interest of justice would be subserved, if name of the petitioner/society is included in the voters' list instead of keeping them away from exercising right of representation.

6.

In result, writ petition is allowed in terms of prayer clause 'B' and disposed of.

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

Mujaheed//