Bombay High Court
Mrs. Rekha Santosh Pisal vs State Of Maharashtra Thr The ... on 27 October, 2022
Bench: N. J. Jamadar, Gauri Godse
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12641 OF 2022
Anil Ramrao Mandhare ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12650 OF 2022
Shashikant Nivruti Pawar ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12651 OF 2022
Balkrushna Bhikoba Sapkal ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12649 OF 2022
Sanjay Rohidas Mhaske ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12642 OF 2022
Dilip Ganpat Hagir ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12660 OF 2022
Rahul Madhukar Dere ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12643 OF 2022
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Suresh Krushna Parkhe ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12644 OF 2022
Sharda Arvind Nanaware ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12652 OF 2022
Sudhakar Laxman Waikar (Kamble ) ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12647 OF 2022
Shankar Datta Kharat ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12646 OF 2022
Lata Sunil Khadsare ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12648 OF 2022
Anil Laxman Sawant ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.12645 OF 2022
Shabirkhan Dilavarkhan Pathan ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
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WITH
WRIT PETITION (ST) NO.27055 OF 2022
Rekha Santosh Pisal ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.27056 OF 2022
Pravin Nanavare ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.27057 OF 2022
Sahebrao Baburav Mane ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.27058 OF 2022
Rekha Santosh Pilsal ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.27059 OF 2022
Santosh Pilsal ... Petitioner
versus
State of Maharashtra and Ors. ... Respondents
Mr. Uday P. Warunjikar with Mr. Siddhesh Pilankar, Mr. Sumit Kate, Ms. Sonali
Chavan, for Petitioners.
Ms. P.P.Pujara, AGP for Respondent No.1 in WP 12643 of 2022, 12646 of 2022, 12648
of 2022, 12645 of 2022.
Ms. Kavita N. Solunke, AGP for State in WP 12660 of 2022, 12647 of 2022 and 12646
of 2022.
Mr. P.V.Nelson Rajan, AgP for State in WP 12650 of 2022, 12651 of 2022, 12649 of
2022, 12642 of 2022, 12660 of 2022, 12643 of 2022, 12644 of 2022, 12652 of 2022,
12647 of 2022, 12646 of 2022, 12648 of 2022 and 12645 of 2022.
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Mr. Deelip Patil Bankar for Respondent No.2.
Mr. Pradeep Gole with Mr. Suraj Shejwal for Respondent No.3.
CORAM: N.J.JAMADAR &
GAURI GODSE, JJ.
( VACATION COURT)
DATE : 27th OCTOBER, 2022
P.C.
1. Writ Petition (ST) Nos.27055 of 2022, 27056 of 2022, 27057 of 2022,
27058 of 2022 and 27059 of 2022 are not on board. Upon mentioning, the same are
taken on board.
2. Heard the learned Counsel for the parties.
3. The challenge in these Petitions is to bye-law No.40(A) of the
Respondent No.3 Society providing eligibility for a member to become a director of
the Respondent No.3 Society.
4. Bye-Law 40(A) reads as under :
40(A) eligibility of Board of Directors :
The active member having fully paid up shares of Rs.20,000/- (Twenty
Thousand only) and having minimum personal deposit of Rs.1,00,000/- (Rs.
One Lac only) at least two continuous years before filling on nomination shall
be eligible to contest the election of the board of Directors."
5. Mr. Warunjikar, learned Counsel for the Petitioners made an endeavour
to persuade us to hold that the bye-law is required to be read in a harmonious manner
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and if a member of the co-operative society is prevented from keeping a deposit of Rs.1
Lakh for a continuous period of two years before filing of nomination on account of
good or justifiable reason, such impossibility of performance may be construed in
favour of the member so as to promote the democratic spirit.
6. Mr. Warunjikar invited the attention of the Court to two judgments of
this Court in the cases of Yashwant Khashaba Dubal and Ors. V/s. Krishna
Sahakari Sakhar Karkhana Maryadit and Ors.1 and Pravin Eknath Jadhav V/
s. The Returning Officer and Ors.2
7. We have carefully perused the aforesaid judgments. We find there is a
qualitative difference in the conditions which were required to be performed in the
aforesaid cases and the eligibility criteria prescribed in the case at hand. It is
imperative to note that there is no challenge to the legality of the bye-law from the
point of view of framing the same in compliance with the provisions contained in
Sections 13 and 14 of the Maharashtra Co-operative Societies Act, 1960.
8. In any event, in our view, the condition that a member should have held
a deposit of Rs.1 Lakh for a period of two years prior to the date of filing of the
nomination, appears to be reasonable. At this stage, when today happens to be the last
day for withdrawal of the nominations, we are not inclined to entertain the prayer for
ad-interim relief.
1 1989 C.T.J. 325
2 Writ Petition No.3296 of 2022 dated 23rd March, 2022
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8. It is, however, clarified that the result of the elections shall be subject to
the outcome of the Petitions.
9. Issue notice to the Respondents, returnable on 7 th December, 2022.
10. The learned AGPs and the learned Counsel for Respondent No.3 waive
notice in the respective Petitions.
( GAURI GODSE, J. ) ( N.J.JAMADAR, J. )
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