Krushidhan Dhanya Adhikosh Seva ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 442 Bom

                                                 Writ Petition No.2691/2017
                                        1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                     WRIT PETITION NO.2691 OF 2017



 1.       Krushidhan Dhanya Adhikosh
          Seva Sahakari Sanstha Ltd., Tadkalas,
          Tq. Purna, District Parbhani,
          through its Chairman,
          Chandrakant s/o Kisanrao Rudrawar
          Age 58 years, Occ. Agri.,
          R/o At Post Tadkalas, Tq. Purna,
          District Parbhani

 2.       Late Ramrao Patil Dhanya Adhikosh
          Seva Sahakari Sanstha Ltd., Tadkalas,
          Tq. Purna, District Parbhani,
          through its Chairman,
          Shivajirao s/o Ramrao Ambore,
          Age 57 years, Occ. Agri.
          R/o At Post Tadkalas, Tq. Purna,
          District Parbhani

 3.       Krushi Mitra Shetkari Dhanya Adhikosh
          Sahakari Sanstha Ltd., Dhanora (Kale),
          Tq. Purna, District Parbhani
          through its Chairman,
          Udhavrao s/o Ramrao Kale,
          Age 45 years, Occ. Agri.
          R/o At Post Dhanora (Kale), Tq. Purna,
          District Parbhani

 4.       Deothana Shetkari Dhanya Adhikosh
          Seva Sahakari Sanstha Ltd., Deothana,
          Tq. Purna, District Parbhani,
          through its Chairman
          Vasant s/o Gyandeo Jogdand,
          Age 35 years, Occ. Agri.
          R/oDeothana, Post Wajur,
          Tq. Purna, District Parbhani     ...  PETITIONERS


          VERSUS



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                                                     Writ Petition No.2691/2017
                                        2


 1.       The State of Maharashtra
          through Principal Secretary,
          Co-operation, Marketing and Textile
          Department, Mantralaya, Mumbai
          (Copy to be served on Govt. Pleader,
          High Court of Bombay,
          Bench at Aurangabad)

 2.       The District Deputy Registrar,
          Co-operative Societies,
          Parbhani, Taluka and
          District Parbhani.

 3.       The Assistant Registrar,
          Co-operative Societies,
          Purna, Tq. Purna, Dist. Parbhani

 4.       The Agricultural Produce Market
          Committee, Tadkalast, Tq. Purna,
          District Parbhani,
          through its Secretary.           ...            RESPONDENTS

                               .....
 Shri R.N. Dhorde, Senior Counsel with
 Shri V.R. Dhorde, Advocate for petitioners
 Shri A.V. Deshmukh, A.G.P. for State
 Advocate for respondent No.
                               .....


                               CORAM:       S. B. SHUKRE, J.

                               DATED:       3rd March, 2017.


 ORAL JUDGMENT :

1. Heard Mr. R.N. Dhorde, learned Senior Counsel for

the petitioners and learned A.G.P. for respondent Nos.1 to 3.

Respondent No.4 has been issued notice for final disposal and

though has been shown to be in "await service", as per the

Writ Petition No.2691/2017

affidavit filed by the petitioners, one can see that respondent

No.4 has been duly served. Rule. Rule made returnable

forthwith and heard finally by consent of learned counsel for the

parties.

2. Learned A.G.P. has expressed doubt about the status

of the petitioner No.4 Society being an objector in this case.

According to him, it does not become clear from the impugned

order as to whether or not petitioner No.4 had really taken any

objection against non-inclusion of its name in the final voters list.

Learned Senior Counsel submits that, the impugned order is clear

enough and although it states that name of petitioner No.4

Society, along with Chairman, the fact remains that it is the

same society which had taken objection. He also points out that

the registration certificate of the Society is very much on record

and it would also show that the petitioner No.4 is the same

society.

3. In the case of Pimpla Lokhande Shetkari Dhanya

Adhokosh Seva Sahakari Sanstha Ltd. & others Vs. The State of

Maharashtra & others (Writ Petition No.1669/2017), decided on

21/2/2017, this Court has taken a view that, Section 13(1)(a)(i)

of the Maharashtra Agricultural Produce Marketing (Development

and Regulation) Act, 1963 expressly confers a voting right upon a

Writ Petition No.2691/2017

Multipurpose Co-operative Society in its own right and

independently of a credit co-operative society. These petitioners

have been denied their voting right only on the ground that

although they are multipurpose co-operative societies, they are

not functioning as credit societies as well. Therefore, the case of

the petitioner Societies, one must say, is squarely covered by the

view taken by this Court in the aforestated judgment.

Accordingly, this Writ Petition deserves to be allowed.

4. The Writ Petition is allowed. The impugned order is

hereby quashed and set aside. The names of the petitioner

Societies be included in the final voters list, after verifying that

they are the same societies, who had taken objection earlier.

5. Rule is made absolute in above terms. No costs.

6. Learned A.G.P. to intimate the respondent No.2

accordingly at the earliest.

7. Authenticated copy of this order be furnished to both

sides.

( S. B. SHUKRE ) JUDGE

Writ Petition No.2691/2017

fmp/wp2691.17