Vishnudas Ramrao Bhujbal v. The State Of Maharashtra Cooperation, Textile And Marketing Dept And Others

2026:BHC-AUG:22675

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO. 5732 OF 2026 Vishnudas Ramrao Bhujbal

VERSUS

The State Of Maharashtra Cooperation, Textile And Marketing Dept And Others ...

Advocate for Petitioner : Mr. S.B. Ghatol Patil AGP for Respondents: Mrs P. V. Diggikar Advocate for Respondent no.4 : Mr.V.H. Dighe Advocate for Respondent No.5 :Mr.S.S. Gangakhedkar ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : June 09, 2026 ORDER :- 1.

Petitioner raised objection to the inclusion of name of respondent no.6 as authorized representative of respondent no.7/Society in the voters' list prepared for election of respondent no.5 Parbhani District Central Co-operative Bank. By impugned order dated 28.5.2026 District Election Officer rejected the petitioner's objection.

2.

Mr. Ghatol, learned advocate appearing for petitioner submits that resolution nominating respondent no.6 as a representative of respondent no.7/Society was shown to be passed on the basis of manipulated documents. Perusal of

impugned order suggests that the Secretary of Society as well as Administrator has supported passing of such resolution. Twenty six members of the Society are shown to be present at the time of meeting. Notice convening General Body Meeting was published on 10.4.2026.

3.

Although, the petitioner is raising serious objection to the validity of aforesaid resolution being contrary to the provisions of by-laws, such a disputed question cannot be gone into by the Election Officer while exercising powers under Rule 11 of Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.

4.

At this stage reference can be given to observations of Division Bench of this Court in case of Kamlabai Vitthal Rohankar Vs Additional Collector & Ors reported in 2007 (3) All MR 761 which reads thus :- "In any case, the issue regarding the legality of the meeting and constitution of quorum are required to be decided under Section 91 by the Co-operative Court by leading evidence and not by the Assistant Registrar or the Collector and, therefore, we are of the opinion that the resolution of the Managing Committee which is acted upon by including the appellant's name in provisional voters' list cannot be ignored unless and until it is set aside by the Court of competent jurisdiction".

5.

In light of aforesaid observations, no fault can be found in the impugned order, whereby the District Cooperative Election Officer and Divisional Joint Registrar, Cooperative Societies has refused to entertain objection raised by the petitioner. In result, writ petition stands rejected. ( S. G. CHAPALGAONKAR, J. ) ...

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