Bombay High Court
Navnath Tukaram Jadhav And Others vs The State Co Operative Election ... on 10 August, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 8616 OF 2016
1 Navnath Tukaram Jadhav
2 Balasaheb Navnath Jadhav
3 Sanjay Navnath Jadhav
4 Uttereshwar Navnath Jadhav
5 Shriram Baburao Katare
6 Madhukar Baburao Katare
7
Laxmibai Baburao Katare
8 Savita Madhukar Katare
9 Seema Shriram Katare
10 Surekha Hanumant Katare
11 Pundalik Namdeo Katare
12 Laxman Kundalik Katere
13 Pandurang Namdeo Katare
14 Barik Santuba Kakde
15 Chhayabai Barik Kakde
16 Shiram Kisan Katare
17 Somnath Shivram Katare
18 Sangeeta Shivram Katare
19 Bansi Bapu Kakde
20 Chandrakala Bansi Kakde
21 Nagnath Rakhmaji Kakde
22 Jagganath Rakhmaji Kakde
23 Panchphula Nagnath Kakde
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24 Meharabai Jagannath Kakde
25 Raibai Kisanrao Katare
26 Subhash Bhavani Kakde
27 Kantabai Subhash Kakde
28 Machindra Digambar Kakde
29 Kaverabai Digambar Kakde
30 Digambar Kondiram Kakde
31 Mohargbai Machindra Kakde
32 Laxman Tukaram Kakde
33 Kalindabai Laxman Kakde
34 Ashruba Motiram Kakde
35 Mahadeo Motiram Kakde
36 Pratibha Mahadeo Kakde
37 Balaji Jagannath Kakde
38 Ashruba Kondiram Kakde
39 Balaji Ashruba Kakde
40 Ganesh Ashruba Kakde
41 Mangal Balaji Kakde
42 Shindubai Mahadeo Katare
43 Sidheshwar Mahadeo Katare
44 Sadashiv Digambar Kakde
45 Dashrath Dhondiba Katare
46 Ganesh Dashrath Katare
47 Avedhya Dashrath Katare
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48 Vijaymala GAnesh Katare
49 Baburao Dhondiba Katare
50 Udhav Kisan Kadam
51 Shivaji Kisan Kadam
52 Kisan Baliram Kadam
53 Abasaheb Sudam Kadam
54 Sudam Vithoba Kadam
55 Nehal Khairat Kazi
56 Ajeet Vinayak Khandekar
57 Rahul Vinayak Khandekar
58 Swarnmala Vinayak Khandekar
59 Vaijinath Deorao Phutane
60 Subadrabai Vaijinath Phutane
61 Machhindra Vaijinath Phutane
62 Balasaheb Vaijinath Phutane
63 Ranjana Pradeep Mohite
64 Rameshwar Tatyarao Mule
65 Sumanbai Tatyarao Mule
66 Ishwar Narhari Solunke
67 Parmeshwar Narhari Solunke
68 Dnyaneshwar Parmeshwar Solunke
69 Prakash Narhari Solunke
70 Tukaram Parmeshwar Solunke
71 Mahatma Kisan Solunke
72 Anita Mahatma Solunke
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73 Chandrakala Ishwar Solunke
74 Ashabai Parmeshwar Solunke
75 Gangabai Prakash Solunke
76 Ashruba Apparao Solunke
77 Sudam Dadarao Solunke
78 Prakash Kekrba Naiknavare
79 Sunita Babasaheb Naiknavare
80 Suresh Sambhaji Naiknavare
81
Gorak Prakash Naiknavare
82 Kavita Suresh Naiknavare
83 Alka Prakash Naiknavare
84 Ashrubai Sudam Naiknavare
85 Sudam Vithal Naiknavare
86 Keraba Sakhahari Naiknavare
87 Ashwini Somnath Naiknavare
88 Hanumant Bappasaheb Naiknavare
89 Somnath Prakash Naiknavare
90 Bhaskar Ashruba Naiknavare
91 Govind Bhaskar Naiknavare
92 Ganapu Baburao Naiknavare
93 Sagunabai Ganpu Naiknavare
94 Atmaram Ganpu Naiknavare
95 Jaishree Atmaram Naiknavare
96 Shivaji Ganpu Naiknavare
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97 Babasaheb Sambhaji Naiknavare
All age major, occ. Agril.,
All r/o Tarnali, Tq. Kaij, Dist. Beed. .. PETITIONERS
VERSUS
1 The State Co-operative Election Authority
Maharashtra State, Pune
2 The District Deputy Registrar
Co-operative Societies, Beed
3 The Returning Officer for Elections to
V.K.S.S. Society Ltd. Tarnali,
Tq. Kaij, Dist. Beed
4
The Vividha Karyakari Seva Sahakari
Society Ld. Tarnali, Tq. Kaij
Dist. Beed
Through its Secretary
5 Chandrakant Rangnath Mane
age major, occ. agril
r/o Tarnali, Tq. Kaij
Dist. Beed. .. RESPONDENTS
Mr. T.G. Gaikwad, advocate for petitioners.
Mr. S.S. Dande, AGP for the State.
Mr. S.K. Kadam, advocate for respondent no. 3.
Mr. V.H. Solanke, advocate for respondent no. 4.
Mr. B.B. Bise, advocate for respondent no. 5.
=====
CORAM : R.M. BORDE &
K. L. WADANE, JJ.
DATE : 10th AUGUST, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
2. Heard finally with the consent of the learned counsel for the
respective parties.
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3. Petitioners are objecting to the order passed by the Returning Officer
directing deletion of their names from voters list prepared for the purpose of
holding elections to Vividha karyakari Seva Sahakari Society Ltd.,
Tarnali,Tq. Kaij, Dist. Beed.
4. Program for finalisation of voters list as well as for electing the
Managing Committee of the society was published by the Returning Officer
under the directions of State Election Authority on 07.07.2016. The date
prescribed for publication of voters list as per the program was 11.07.2016
whereas objections were permitted to be raised between 11.07.2016 to
15.07.2016. As per the program of election, decision on objections was
required to be taken on 16.07.2016. The program prescribes, in observance
of the various stages of election, that voting shall take place on 14.08.2016.
Petitioners contend that respondent no.5 raised objection in respect of
entitlement of petitioners to continue as members of the society in view of
their failure to deposit the increased share amount within stipulated period.
It is contended that initial share value of Rs. 10/- has been increased and
the members are obliged to deposit the additional value of the share. It is
contended that petitioners did not deposit additional share value and as
such, are not entitled to participate in the process of election. The objection
raised by respondent no. 5 was considered favourably and the Election
Officer directed deletion of their names. It is the contention of petitioners
that firstly they have deposited the additional share value with the District
Central Co-operative Bank in the account of the society and secondly, there
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was no demand made by the society for deposit of additional share value
and as such, petitioners did not incur any disability.
5. Learned counsel for respondent no. 4 - society, states on instructions
that notice of demand in respect of increased share amount was not made.
Apart from this, before taking adverse decision, the Returning Officer did
not extend an opportunity of hearing to petitioner and as such, the decision
rendered by the Returning Officer is liable to be quashed and set aside.
Section 26 of the Maharashtra Co-operative Societies Act, 1960, provides
that a member shall be entitled to exercise such rights as provided in the
Act, rules and regulations. Proviso to sub-section 1 to section 26 provides
that no member shall exercise the rights, until he has made such payment
to the society in respect of membership, or acquired such interest in the
society, as may be prescribed and specified under the by-laws of the society,
from time to time. Second proviso to sub-section 1 to section 26 provides
that in case of increase in minimum contribution of member in share
capital to exercise right of membership, the society shall give a due notice of
demand to the members and give reasonable period to comply with. In the
instant matter, admittedly, the society has not issued notice of demand to
petitioners and as such, petitioners cannot be denied right to participate in
the process of election.
6. For the reasons recorded above, writ petition deserves to be allowed
and the same is accordingly allowed. Decision rendered by the Returning
Officer directing deletion of names of petitioners from the voters list is
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quashed and set aside. Petitioners shall be entitled to participate in the
process of election to the extent of casting vote in the election on the
prescribed date. Rule is accordingly made absolute. In the facts and
circumstances of the case, there shall be no order as to costs.
( K. L. WADANE ) ( R. M. BORDE )
JUDGE JUDGE
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