Bombay High Court
Shankar Arjun Pawar And Another vs The State Of Maharashtra And ... on 10 April, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2889 OF 2017
01 Shankar s/o Arjun Pawar,
age: 45 years, Occ: Agril.,
02 Sopan s/o Dadasaheb Jadhav,
age: 36 years, Occ: Agril.,
Both R/o Nimbhari, Tq.Newasa,
District Ahmednagar. Petitioners
Versus
01 The State of Maharashtra,
through its Secretary,
Co-operative Department,
Mantralaya, Mumbai-32.
02 The District Deputy Registrar,
Co-operative Societies,
Ahmednagar, District
Ahmednagar.
03 The Assistant Registrar,
Co-operative Societies, Newasa,
Tq. Newasa, Distrit Ahmednagar.
04 The Administrator,
Kai. Appasaheb Bhagwan Jadhav,
Vividh Karyakari Seva Sahakari
Society Ltd., Nimbhari, Tq.Newasa,
District Ahmednagar.
05 Sau. Savitrabai Sharadchandra
Jadhav, age: 45 years, Occ:
Household, R/o Nimbhari,
Tq.Newasa, District Ahmednagar.
06 Shivaji Eknath Jadhav,
age: 48 years, Occ: Agriculture,
R/o Nimbhari, Tq. Newasa,
District Ahmednagar.
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07 Narayan Arjun Gawali,
age: 42 years, Occ: Agriculture,
R/o Nimbhari, Tq. Newasa,
District Ahmednagar. Respondents
Mr.V.D.Hon, Senior Counsel i/by Mr.N.D.Sonawane, advocate for
petitioners.
Mr.S.B.Joshi, A.G.P. for Respondents No.1 to 4.
Mr.V.H.Dighe, advocate for Respondents No.5 & 6.
Mr.A.B.Kale, advocate for Respondent No.7.
CORAM : R.M.BORDE &
K.L.WADANE, JJ.
DATE : 10th April, 2017
ORAL JUDGMENT (Per R.M.Borde, J.):
1 Heard. Rule. Rule made returnable forthwith and
heard finally by consent of learned Counsel for respective parties.
2 Petitioners are objecting to the order dated 14.03.2017,
passed by the Assistant Registrar, Co-operative Societies, Newasa,
directing appointment of Administrative Committee in place of sole
Administrator/authorized officer who was official of the
Cooperation Department i.e. Assistant Registrar, Co-operative
Societies, Newasa, District Ahmednagar.
3 It is not a matter of dispute that the elections to Co-
operative Society i.e. Kai.Appasaheb Bhagwan Jadhav Vividh
Karyakari Society Ltd., Nimbhari, Tq.Newasa, District
Ahmednagar, are due and in fact programme of election has been
published on 06.04.2017 by the State Cooperative Election
Authority for the purposes of holding elections to the Managing
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Committee of the Society.
4 It does appear that one Mr. Vishwanath Tulshidas
Pawar tendered an application to the District Deputy Registrar
requesting him to appoint a Three Member Committee consisting of
Respondents No.5, 6 and 7 to replace the
Administrator/authorized officer, who is an official of the State
Government. The application tendered by Mr.Pawar has been
rejected by the Assistant Registrar on 04.02.2017. It is pointed out
that petitioners no.1 and 2 and others also tendered an application
seeking their appointment in place of Administrator/authorised
officer. The application tendered by the petitioners and others has
also been turned down. It does appear that said Mr. Vishwanath
Tulsidas Pawar approached the learned Minister for Co-Operation,
Maharashtra State by tendering an application on 17.02.2017
making a request for appointing Respondents No.5, 6 and 7 in
place of the Government nominated authorised officer. The
Cabinet Minister, holding the portfolio of Co-Operation
Department, sought a report of District Deputy Registrar and on
consideration of its report, passed an order on 10.03.2017 and
directed Respondent No.3 to take necessary steps. Accordingly,
Respondent No.3 has passed the impugned order on 14.03.2017
appointing Respondents No.5 to 7 in place of Government
authorized Officer.
5 The reason assigned for appointing the Administrative
Committee, as has been disclosed from the impugned order, is that
the Government Officer, who was holding charge as
Administrator/authorised officer of the Society, has proceeded on
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leave with effect from 01.03.2017 to 24.03.2017. The request
appointing Administrative Committee has been made to the
Hon'ble Minister on 17.02.2017. Thus, prima facie, there does not
appear to be any nexus with the reason assigned by the State that
the Assistant Registrar has proceeded on leave and as such, it was
necessary to appoint Administrative Committee. It does appear
that the order has been issued for replacing the authorized officer
of the State Government by Administrative Committee as a result
of the request made on behalf of the appointed Directors to the
Hon'ble Minister holding portfolio of Co-Operation Department.
Even assuming that the officer was to proceed on leave, it was
necessary, in all probabilities, to entrust the charge of the
authorised Officer with some other official of the Co-Operation
Department. The report of the Assistant Registrar was actually
received in the office of District Deputy Registrar on 27.02.2017
before the official proceeded on leave. The application was moved
for making appointment of Administrative Committee by the
petitioners before the official proceeded on leave, though the order
has been actually passed on 14.03.2017. The reason assigned for
effecting changes in the administration of the society does not
appear to be genuine and proper.
6 It was totally uncalled for the respondents to replace
the sole administrator/authorised officer, who is an official of the
State Government, by making appointment of respondents no.5 to
7, who are interested in getting themselves elected as members of
the Managing Committee of the society.
7 Learned Counsel appearing for petitioners points out
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that Respondents No.5 to 7, are the candidates for the election and
this itself is a circumstance to indicate their interest in the affairs
of the society. In order to maintain the fairness in the process of
election, the persons concerned (Respondents No.5 to 7) shall not
be permitted back door entry in the manner, as has been provided.
8 Learned Counsel for respondents no.5 to 7 contends
that since elections to the Managing Committee of the Co-operative
Society are declared by the State Co-Operative Election Authority ,
the respondents may be permitted to function as Administrative
Committee.
9 It must be noted that appointment of respondents
no.5 to 7 itself, as has been recorded by us, is arbitrary and
uncalled for and as such, they shall not be permitted to remain in
office during continuance of the process of election and charge of
the affairs of society shall be reverted back to the authorised
officer, who shall be an employee of the Co-operative Department.
10 For the reasons recorded above, writ petition is
allowed. The order impugned in this petition dated 14.03.2017,
passed by the Assistant Registrar, Co-operative Societies, Newasa,
District Ahmednagar, is quashed and set aside. The affairs of the
Society shall be managed by the Assistant Registrar, Co-Operative
Society, Newasa, during continuance of process of election and the
Administrator/authorised officer shall hand over the charge to the
newly elected managing committee after conclusion of process of
election.
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11 Rule is made absolute accordingly. There shall be no
order as to costs.
K.L.WADANE R.M.BORDE
JUDGE JUDGE
adb/wp288917
